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(영문) 서울서부지방법원 2018.08.16 2018고단1330
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On April 10, 2018, around the parking lot owned by the victim D in Eunpyeong-gu Seoul Metropolitan Government around 18:40 on April 10, 2018, the Defendant destroyed special property: (a) around the parking lot of the building owned by the victim D in Eunpyeong-gu, the damaged party, who was dissatisfied with the attempt to raise rent for the part of the building on the first floor of the building that the Defendant leased, caused the damage to the building on the ground that the injured party, who was dissatisfied with the attempt to set up the rent for the part of the building on the first floor of the building on which the Defendant leased, caused approximately 2.50,00 won to repair the stringer.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. A special intimidation: (a) the Defendant laid a stone at a time, at the same time as, and at a place as, Paragraph (1) above; (b) started taking the Defendant’s appearance as, the instant victim D (Woo 66 years of age); (c) took the Defendant’s bath to “I Ra, I h, I h, I h, I h, I h. for the same year; and (d) took a dangerous object (20 cm in diameter) at a shoulder height, and threatened the victim by carrying a dangerous object one time in the direction of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a written estimate, photograph attached, investigation report (verification of images), investigation report (Listening to D Telephone Statements);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 369(1) and 366 of the Criminal Act, Articles 285 and 283(1) of the Criminal Act, and choice of imprisonment for a crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with severe special intimidation);

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Basic crime: A type of a special crime of intimidation [a] 4 types of intimidation (special intimidation) (special sentencing factors) - where the degree of intimidation is minor; and

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