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Reasons
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(영문) 서울북부지방법원 2016.10.27 2016고단2641
특수협박등
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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. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) around 01:00 on May 15, 2016, at C’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, giving C KRW 50,00 and engaged in sexual intercourse with C, thereby engaging in sexual intercourse.

2. The Defendant: (a) committed sexual traffic at the same time and place as above; (b) and (c) threatened the victim C with a tree atmosphere, a dangerous object in front of the door without any justifiable reason, 90cc in his/her hand; and (b) threatened the victim C with a threat as it might be in drinking.

3. The Defendant destroyed and damaged property by leaving coffees and plastics on the floor without any reason at the above time and at any place, and causing the victim to 35,000 won at the market price, which is the victim’s ownership, to broken down the coffees and plastics, and destroying the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of Acts and subordinate statutes to report on investigation (report on telephone call of a victim);

1. Relevant Articles 21(1) and 284 of the Criminal Act, Articles 283(1) and 283(1) of the Criminal Act, Article 366 of the Criminal Act and the choice of imprisonment for a definite term;

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. Criteria for sentencing grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

(a) Type IV (Habitual, Cumulative, and Special Intimidation) of the Special Intimidation (Scope of Recommendation)

(b) The scope of final sentence due to the increase of the basic area ( April to October) by multiple crimes, which is a general standard for damage to property (the scope of recommendations): Six months to one year;

(c) Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.: Crimes of setting the sentencing criteria;

D. Handling multiple crimes: the Criminal Act between the crimes setting the sentencing criteria and the unestablished crimes.

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