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(영문) 서울북부지방법원 2017.06.28 2016고단3817
특수협박
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A around April 4, 2016, around 17:30 on April 4, 2016, around 17:30, the victim F (17 Do) and G (15 Do) will have the victim F (17 Does) and F (15 Does) undergo an examination on the female life of the Defendant A and have him.

The victims threatened the victims by threatening her face-to-face (i.e., a dangerous object that was possessed on the ground that they did not immediately answer to the water, with the face-to-face (i.e., a single shot) that “I would correct the ship if I would not immediately speak.”

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to F and G;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

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 Articles 70(1) and 69(2) of the Criminal Act is that Defendant A has no record of criminal punishment other than the one-time juvenile protective disposition record; the victims do not want the punishment of Defendant A; the victims do not want the punishment; the Defendant’s age, sexual conduct, intelligence and environment; relationship with victims; motive, means and consequence of the crime; and the circumstances after the crime are considered.

Rejection of Public Prosecution

1. Facts charged;

A. A. Around April 4, 2016, Defendant B expressed the attitude of Defendant B, on the ground that he did not respond properly to the victim F of “E” (hereinafter “E”), which was adjacent to “E” located in Jung-gu Seoul Metropolitan Government, and had the victim F undergo an examination against the Defendant, but did not properly respond to it.” In that sense, Defendant B expressed the attitude of “I would die before coming to the correctional institution,” thereby threatening the victim.

B. Around April 4, 2016, Defendant B assaulted the victim F on the ground that the victim F was not taking an examination of Defendant B, etc., at around 18:30 on April 4, 2016, on the ground that the victim F was not taking an examination of Defendant B, etc.

2. This part of the facts charged is assessed.

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