(영문) 서울북부지방법원 2017.03.29 2016고단5925

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자간(%)

(영문) 서울북부지방법원 2017.03.29 2016고단5925

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

On November 12, 2016, around 23:57, the Defendant: (a) sold the military air-order horse in Jung-gu Seoul Metropolitan Government around 23:57; and (b) sold the military air-order horse in front of D’s 1 week prior to D’s exit; and (c) sold it by the Victim E (32). However, the Defendant: (a) ordered the Defendant to pack the military air-line in order; (b) the Defendant: (c) the Defendant: (d) the Defendant: (d) the Defendant: (d) the Defendant: (d) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e)

The purpose of this Act is to keep the victim’s ship and to keep the victim’s ship from being dead.

“The threat was made”.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] / [the scope of punishment / [the scope of punishment ] 4 types of intimidation crimes (Habitual repeated crime, repeated crime, special intimidation) / [the person who has been subject to special mitigation] / [the decision of sentence] / the case where there is a history of having been punished several times by violence (including efforts to recover damage) or considerable damage restoration [the case where the defendant has been sentenced] / the case where there is a history of having been punished several times by violence; the victim seems to have been somewhat wrong by committing a contingent crime committed by the defendant with the victim; the victim seems to have been somewhat wrong; the victim does not want the punishment of the defendant; the victim does not want to do so; the victim's age, sex, intelligence and environment; relationship with the victim, motive, means and result of the crime; and the circumstances after the crime.

참조조문

유사 판례

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