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(영문) 서울북부지방법원 2018.08.30 2017고단4604
특수협박
Text

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

[Criminal Records] On June 21, 2017, the Defendant was sentenced to a suspended sentence of two years for a special injury at the Seoul Northern District Court on October 21, 201, and the said judgment became final and conclusive on October 17 of the same year.

[Criminal facts]

1. On December 11, 2016, at around 00:00, the Defendant made intimidation to the effect that, at the residence of the Defendant located in Dobong-gu Seoul Metropolitan Government, the Defendant made intimidation to the effect that the Defendant would make up for the victim a dangerous object (19cc in length, 10cc in length) located in the main room of the victim’s house, which is a dangerous object (19cc in length, 10cc in length) located in the main room of the victim’s house, and that “D will die on the face,” and continued to control the victim’s trees, and that “I would make the victim s/he will do not s/ she will do so.”

2. 피고인은 2016. 12. 11. 15:00 경 제 1 항과 같은 장소에서 다른 여자친구인 E와 함께 있다가, 피해자가 찾아와 위 E 와 이야기를 하려고 하자 위험한 물건 인 위 과도를 피해 자의 목에 갖다 댄 후 피해자에게 “ 입만 뻥긋 하면 죽여 버리겠다” 고 말하여 피해자를 협박하였다.

Accordingly, the defendant carried dangerous objects two times in total and threatened the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (Attachment of a photograph of the victim's damage), photograph;

1. Photographs and a list of reported cases;

1. The defendant asserts that there is no fact that he/she threatened the victim by using excessive points, such as facts constituting an offense.

The victim, on December 11, 2016, after the first statement from the police on December 11, 2016, the defendant would go to the house of the victim at night on December 11, 2016.

With excessive excessive treatment of defects, the victim threatened the death of the victim, and he saw the victim's neck.

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