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(영문) 서울북부지방법원 2016.11.30 2016고단4167
협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 17, 2016, from around 20:10 to 20:40, the Defendant: (a) expressed the victim’s (n) in Dongdaemun-gu Seoul Dongdaemun-gu with a large voice, “a two-year door opening,” and (b) made the victim walked with the entrance door, such as the vehicle from walking the door, etc. so as to threaten the victim’s body, etc. if the victim did not open the entrance, the Defendant threatened the victim as if he would inflict any harm on the victim’s body, etc.

2. On May 17, 2016, the Defendant: (a) around 20:40 on May 17, 2016, the Defendant: (b) obstructed the victim C (the age of 44) who opened an entrance at the above D main points in hand by pushing the victim C in his/her hand; and (c) caused the Defendant to face with the toilets and

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to the details of handling 112 Reporting Cases;

1. Relevant Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to four years;

2. The scope of the recommended punishment according to the sentencing guidelines for crimes No. 1 (Scope of Recommendation) and the scope of the final sentence due to the aggravation of multiple crimes that have no basic area (two months to one year) (the scope of Recommendation) of Type 1 (General Intimidation) and no basic area (the special person) of the sentencing guidelines [the scope of Recommendation] of the crimes of violence [the scope of Recommendation] of Category 1 (General Violence) and the basic area (two months to ten months) of the crimes of violence (the special person] of Category 1 (General Violence]: February to January

3. The sentence shall be determined as per the order, taking into consideration the following factors: (a) the offender’s age, character and conduct, environment, etc., as well as the fact that a two-year sentence of suspension of execution was finalized on March 18, 201 on the grounds that the offender was committed by violence against the victim, such as the decision of sentence, and that a two-year sentence of suspension of execution became final and conclusive on March 18, 20

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