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(영문) 수원지방법원 안산지원 2015.10.14 2015고단1843
협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 24, 2015, the Defendant was sentenced to a suspended sentence of one year for six months from the date of imprisonment with labor for a violation of the Road Traffic Act, in an Ansan District Court's Ansan Branch for the same year.

7.2 The judgment became final and conclusive.

On the ground that the victim C was sold to the defendant's patriotic person, the defendant found at the D main points that the victim operated from his own point of view to one time from his own point of view on 2012, and made a statement that the victim would take a bath to the victim and die, and reported the victim's obstruction of business. This report led to the fact that the defendant was sentenced to a fine due to the crime of interference with business, so there was a complaint against the victim.

At around 14:10 on March 31, 2015, the Defendant: (a) walked the victim in front of the “G cafeteria” road located in the “G cafeteria E” market in Ansan-si, Ansan-si; and (b) threatened the victim with “I want to die every year, I want to die in the knife and die in the knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of H and I;

1. Previous records: Application of Acts and subordinate statutes to the Suwon District Court's Ansan Branch No. 2015 Highest 620, search of consolidated cases of public prosecutor's offices, and output of screen pictures;

1. Article 283 (1) of the Criminal Act applicable to the crimes and Article 283 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (General Intimidation) (excluding Types 5) and the motive for committing a crime that may be subject to criticism (excluding a person under special guard) in the area of aggravation (4 to 1 year and 6 months);

2. Normal circumstances favorable to the decision of sentence: The fact that there is a record of being punished for the obstruction of business against the same victim, and other circumstances, such as the defendant's age, character and conduct, circumstances of the crime in this case, and circumstances after the crime.

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