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(영문) 서울서부지방법원 2018.08.17 2018고단2296
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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 June 29, 2018, around 23:58, the Defendant was seated in the “D” office, which is a delivery company located in Eunpyeong-gu Seoul Metropolitan Government, and found the victim E (25 years) to have been opened in this office. Before that, the Defendant reported to the police station the fact that the injured party inflicted assault on the injured party by the injured party, but the injured party exceeded the victim’s safety, and then the Defendant exceeded the victim’s safety, and reported flap, flap, flap.

”라고 말하며 주먹으로 피해자를 때리는 시늉을 한 다음, 사무실 안에 있던 위험한 물건인 식칼( 총 길이 29cm, 칼날 길이 17cm )를 꺼 내 들고 “ 너를 죽여 버리겠다.

“In doing so,” the victim took an attitude that seems to inflict bodily harm on the victim’s life and body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (the application of Acts and subordinate statutes to CCTV photographs and video CDs).

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense. Article 283 (Selection of Imprisonment);

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

1. Taking into account the circumstances favorable to the fact that the reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation and the method of sentencing is dangerous, taking into account the fact that there is no agreement with the victim and there is no record of crime exceeding the fine, and the defendant's investigative agency (the finding of the victim will take into account his new accusation).

The execution of imprisonment shall be suspended on the condition of observing the protection, taking into account the attitude in the case, the relationship between the defendant and the victim, etc.

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