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(영문) 서울중앙지방법원 2017.08.31 2017고단3899
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

1. On May 5, 2017, at around 13:50 on May 5, 2017, the Defendant damaged property: (a) entered the house in Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City B Building C, for the purpose of bringing the Defendant’s animal to the house; and (b) making the Defendant’s animal into the house, and (c) making the Defendant’s animal.

It is why the telephone is received.

Then, whether the person was in any language, or not;

It shows the contents of the cell phone so that it can be seen as "......................., as soon as the victim was in his/her possession, he/she cut down the clothes that the victim was suffering in his/her hand.

Accordingly, the defendant damaged the victim's property.

2. Special intimidation and special property damage Defendant did not comply with the Defendant’s demand to show mobile phone contents as stated in the foregoing paragraph 1 at the time and place specified in the foregoing paragraph 1, the Defendant cited a knife (45 cm in length, 20 cm in length) which was a deadly weapon in the kitchen, and affixed one seal on the body of the victim, and then called “picker and deader.”

Accordingly, the defendant carried a knife, which is a deadly weapon, damaged the property owned by the victim and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to victim and field photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 369(1) and 366(1) (a) of the Criminal Act (a point of damage to special property and property) of the Criminal Act, and the choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is against the defendant's recognition of the crime, the degree of damage is not relatively heavy, the victim does not want the punishment by mutual consent with the victim, the defendant does not have any record to consider the crime, and the defendant's age, sex, environment, family relationship, etc.

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