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(영문) 서울남부지방법원 2016.02.16 2016고단16
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

1. A special intimidation: (a) on December 28, 2015, the Defendant: (b) while dumping garbage in the Red-Profit Children’s Park located in Yangcheon-dong, Yangcheon-gu, Seoul, Yangcheon-gu, 29:50-ro 7, the Defendant: (c) stated that he would not remove garbage from the victim D (36 cm) who is a public official in charge of cleaning the residents’ self-governing center belonging to the Yangcheon-gu Seoul Metropolitan Government Office; (d) held a knife (22 cm in the knife length of knife) which is a dangerous object in the Defendant’s house located in the same Gu E; and (e) placed the knife in the victim; and (e) discarded from the death of this knife, kn

“The phrase was made.”

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

2. The Defendant damaged special property at the time, at the same time, and at the place mentioned in the preceding paragraph, caused a knife one-time knife, which is a dangerous article in front of the left side of G Fexton vehicle, a victim F owned by the victim F.

In this respect, the defendant carried dangerous things and damaged the victim's typology, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by the F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 284, 283(1), 369(1), and 366 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. For the reason of sentencing in Article 62-2 of the Criminal Act for the observation of protection and the sentencing of Article 62-2, the case where: (a) types 4 (Habitual, Cumulative, and Special Intimidation) in the mitigation area (4 months to 1 year); (b) in the mitigation area (including efforts to recover damage); (c) in the mitigation area (4) (4) a person subject to special mitigation; (d) a person not subject to punishment (including a person subject to special mitigation); or (d) a person subject to special mitigation (d) a second crime (d) a person subject to repeated, repeated, or special damage (d) a person subject to special mitigation in the mitigation area (d) (d) a person subject to special mitigation (d) a person subject to special mitigation (including a person subject to serious effort to recover damage); or (d) a person subject to mitigation (d) a person subject to special mitigation (d) a person subject to special mitigation), a person

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