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(영문) 서울북부지방법원 2018.04.05 2017고단4940
협박등
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 March 11, 2017, the Defendant: (a) contacted the Victim B (19) with the Defendant’s lebane, using a mobile phone from around 15:40 on July 20, 2017 to the North Round, using the mobile phone; and (b) made an interview with the Victim B and March 111, 2017 with the Defendant on the ground that the damaged person’s talked about the lebane value that was reduced at the time on the ground that the damaged person changed the return of the lebane value that was reduced by the victim B and March 11, 2017.

2. On August 28, 2017, the Defendant forced the Defendant to enter into an agreement with the victim that “In spite of the absence of an agreement with the victim that he/she had access to the DPC located in the Seoul Special Metropolitan City, Nowon-gu C and the second floor, and then had access to the DPC located in the Seoul Special Metropolitan City, Nowon-gu C and the second floor, and that he/she would not claim compensation for damages under the civil law with respect to the amount of damages caused to the victim from the contact.” The Defendant drafted a written agreement with the victim that “I will not cause harm to the body of the victim if he/she does not hear the Defendant’s horse.”

Accordingly, the defendant threatened the victim to commit an act of non-performance of obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach details of conversation between a suspect and a victim's Facebook);

1. Relevant legal provisions of the Criminal Act and Article 283 (1) (the point of intimidation and the choice of imprisonment), and Article 324 ( point of coercion) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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