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(영문) 서울북부지방법원 2019.10.01 2019고단3334
특수협박등
Text

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

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

Reasons

Punishment of the crime

1. Around 05:00 on April 21, 2019, the Defendant: (a) on the front side of the C underground parking lot located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) on the front side of the victim’s underground parking lot, the victim D (59 years of age) saw a long fright and boomed by the victim, without any justifiable reason, deducted the fright mountain fright, which the victim sawd, and then, (c) the Defendant was able to escape from the victim in the C underground parking lot, which is an object dangerous to the victim’s escape, when the victim’s left part was f

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant, at the time, at the time, and at the place, as described in Paragraph 1, 1, brush knife, which is a dangerous object by a person prone to a prone knife, and threatened the victim as with a knife knife. The Defendant, who was suffering from the victim’s escape, led the victim to drive away from the victim, and led the victim to a sound, stating, “I am hife and h

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a criminal investigation report (attached to a fluor-fashion) and a CCTV screen-fashion;

1. Relevant legal provisions concerning criminal facts, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment, Articles 284 and 283(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order (in order to prevent recidivism of the accused and to provide the accused with an opportunity to reflect, etc., to be put on probation) are as follows: (a) the accused is going through a new wall; (b) the accused uses dangerous objects without any reason; and (c) the victim commits violence and intimidation; and (d) the victim was under serious mental impulse due to such crime.

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