(영문) 서울중앙지방법원 2017.06.15 2017고단2810

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(영문) 서울중앙지방법원 2017.06.15 2017고단2810

특수협박

Text

A defendant shall be punished by imprisonment for four 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 March 30, 2017, the Defendant: (a) around 23:30 on March 30, 2017, around the entrance of the victim D (Woo, 51 years of age) located in Dongjak-gu Seoul Metropolitan Government C and 2; (b) on the ground that the victim’s family members have discarded tobacco butts into the first floor; (c) on the ground that the victim’s family members have throw away tobacco butts from the first floor, he would throw away excessive ( approximately 19cm), which is a dangerous thing, into his hand, and (d) throw away tobacco butts only once.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Excessive photographs used for committing the crime;

1. Application of statutes on site photographs;

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. The scope of recommendation [the scope of recommendation] under the sentencing guidelines under Article 48 (1) 1 of the Confiscation Criminal Act shall be determined as follows: (a) the degree of intimidation (one to one year) in the area of special mitigation (one to two months), in cases where the degree of intimidation is minor; (b) the amount of punishment not to be imposed (including efforts to recover damage) or considerable damage has been recovered, in cases where the defendant who made the decision of the sentence shows his/her attitude of repenting all criminal facts; and (c) the victim does not want to be punished against the defendant, in consideration of the fact that the defendant who made the decision of the sentence shows his/her attitude of repenting the criminal facts; and (d) the victim does not want to be punished against the defendant.

참조조문

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