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(영문) 서울남부지방법원 2020.09.17 2020고단3673
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on June 23, 2020, the Defendant threatened the victims by stating that “the victims shall die of the scarcity (30cm in total length, 21.5cm in length on the day)” means that “the victims shall die of the scarcity,” on the ground that the victims are not locked by the Defendant on the second floor due to the fact that the dogs kids in the Gangseo-gu Seoul Metropolitan Government B and 1st floor were considerably obstructed by the victims.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to police seizure records;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Suspension of execution of sentence Article 62 (1) of the Criminal Act (The circumstances considered favorable to the reasons for sentencing below);

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act, including the following circumstances, include the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, as well as all the sentencing conditions prescribed in Article 51 of the Criminal Act, shall be taken into consideration.

The circumstances that are disadvantageous: The victims have been subject to punishment several times due to violent crimes, etc., and threaten victims to find out their houses, which are dangerous objects, and the victims seem to have suffered considerable mental impulses: there is no previous conviction during the last five years, and the victims have been suffering from serious inconvenience in their lives due to the heavy baring of the dogs, etc., which led to the crime without having to participate in the net labor during the last five years, and the victims have reached a unanimous agreement with the victims, and the mistakes have been divided in depth. It is so decided as per Disposition.

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