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(영문) 서울동부지방법원 2018.04.26 2018고단392
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 23, 2017, at around 10:50 on December 23, 2017, the Defendant was in the state of having the ability to discern things or make decisions, on the grounds that the Defendant did not charge the victim E (25 years old) who is an employee of the victim E (25 years old) with the cell phone distribution room located in Songpa-gu Seoul Metropolitan Government.

After the Defendant called “Isn't charge? Is? Is? Is? Is?” and called “Is? Is? Is? Is? I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't

2. After leaving the above D mobile phone store, Defendant G (47) who was an employee of the same building as D mobile phone store continued to enter the F convenience store in the same building as D mobile phone store, and the victim G (47) who was an employee of the same location did not charge this mobile phone exhauster, and told the victim in white month that “I would see the first spirit of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body

Accordingly, the defendant carried a dangerous article and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of the Acts and subordinate statutes to photographs by cutting down the CCTV of convenience stores and capturing up a photograph;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act does not constitute a crime by threatening the victims of knife, and the same kind of crime is not good.

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