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(영문) 서울서부지방법원 2018.01.25 2017고단3573
특수협박
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2017, around 07:45, the Defendant: (a) requested the victim C (3) (41) who performed drinking at the seat of Yongsan-gu, Yongsan-gu, Seoul to pay 200,000 won ad hoc assault agreement to the victim C (41 tax) who performed drinking at the seat; (b) he did not know the victim even though he requested the victim to pay her her blue at the seat; (c) flue flue flue fluor fluor fluor fluor fluor fluor fluor fluor fluor f

As a result, the defendant, who is a dangerous object, had expressed the attitude of posing any harm to the body of the victim and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes on studal diseases and field photographs.

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that the act of threatening the victim is very dangerous, and that there are many criminal records, including the criminal records of violence, to the defendant.

However, the punishment shall be determined as ordered by considering the following factors, such as the fact that the defendant repents the defendant's wrong, the fact that the defendant has agreed smoothly with the victim, the circumstances leading to the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc.

The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

According to the records, although the defendant could have been aware of the fact at the time of the crime of this case, in light of the background leading to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

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