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(영문) 서울북부지방법원 2016.01.22 2015고단3905
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 30, 2015, at around 18:30, the Defendant: (a) stated that the Defendant reported the Defendant to the Ministry of Labor of this Employment and Labor as unfair dismissal; (b) stated the victim’s complaint that he reported the Defendant to the Seoul Employment and Labor, with the phone call “Is the end of the death or death of the Defendant”; and (c) made a white system (72 cm, 34 cm, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife knife knife knif knif kn

Accordingly, the defendant threatened the victim with dangerous things.

2. A person permitted to possess swords in violation of the Control of Firearms, Swords, Explosives, etc. Act shall not carry or transport swords unless permitted purposes of use or other justifiable grounds exist, but the defendant transported swords to threaten the victim at the same place as paragraph (1) in the same manner as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. Application of investigation reports (the filing of images of the white system for making a criminal investigation and the arrest), investigation reports (the filing of inquiries about permission to possess swords) and statutes;

1. Relevant Article of the Criminal Act concerning facts constituting an offense, Articles 284 and 283(1) of the Criminal Act concerning the selection of punishment, Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, Articles 17(2) of the Control of Firearms, Swords, Explosives, etc. Act, and selection of imprisonment;

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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / The basic area (from June to January 1) of the fourth category of intimidation (Habitual repeated crime, special intimidation) / [the person who has any special sentencing seal] / [the decision of sentencing] / The defendant reflects the mistake of the defendant, and must support the wife suffering from two children and urology, and the background for the crime of this case.

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