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(영문) 부산지방법원 2018.10.18 2018고단3884
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 25, 2018, the Defendant: (a) around 16:47, the Busan District C building; and (b) the “E Game Center” used by the victim D (58) of the victim of the first floor underground in Busan District (58) around August 25, 2018; and (c) as to whether the game was put into fire to the head of the Gain Game Center, the Defendant: (a) returned the Defendant’s “Chewing flasor,” and (d) “I am oil.”

"" and the head of the above game.

On August 25, 2018, at around 17:08, the Defendant continuously purchased gasoline ( approximately 3.171 liter) which is a dangerous object in the state-of-be located in Busan, Busan, and prepared to put it into a plastic box prepared in advance. On August 25, 2018, the Defendant found the gasoline, which is a dangerous object in the head of the above game, with a fluence around 17:21 on August 25, 2018, and found it hot to the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to on-site CCTV images-fashion photographs, seized objects photographs, gasoline purchasing photographs, rash photographs, investigation reports (Attachment to gasoline purchasing pages), investigation reports (Attachment to CCTV video files), 112 reported case lists, investigation reports (investigation into games conducted by the victim), game photographs;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Where the mitigation area (two months to one year), the punishment of a person who is not subject to special mitigation (including serious efforts to recover damage), or considerable damage has been recovered from the mitigation area (two months to one year), or substantial damage has been reduced due to the application of the sentencing guidelines (Scope of recommended punishment).

2. The defendant, who was sentenced to sentence, lost money in his room.

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