(영문) 인천지방법원 2016.11.17 2016고단6501

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자간(%)

(영문) 인천지방법원 2016.11.17 2016고단6501

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

The defendant, as a foreigner of Vietnam's nationality, entered the status of stay as a general training (D-4) and was enrolled in CFF and became known through the "E" in relation to the victim D(28 years old).

around September 2015, the Defendant, in the residence of the victim F and 104, of the Nam-gu Incheon Nam-gu, Incheon, and 2015, knew of the complaint that the victim told the Defendant to have raped himself by the Defendant’s prison G, and tried to threaten the victim by using the Vietnam knife (38.5cm in total length, 26.5cm in length, 12.5cm in total, knife) kept in the Defendant’s residence.

On July 31, 2016, at around 10:27, the Defendant: (a) opened the entrance of the victim’s residence and opened the entrance of the victim’s cell phone in front of the entrance of the victim’s residence; (b) opened the entrance of the victim’s cell phone several calls from the victim; (c) opened the front of the said entrance in front of the said entrance in front of the victim’s cell phone; and (d) affixed a photograph with the victim’s cell phone with the victim’s cell phone stating, “I cannot keep away from the president’s father even if you are aware of what she is the flap, if you do not know of the flap’s flap’s head; and (d) threatened the victim by sending the photograph of the said Vietnamn flap on the text message.”

Accordingly, the Defendant carried dangerous objects, and threatened the victim with Vietnam, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The list of seized articles;

1. Report on investigation (such as the background of recognition of the case), photographs of seized articles, inquiry into materials of foreign crimes and criminal investigation records, and report on investigation (applicable to the examination of whether the act of the suspect constitutes elements of special intimidation) and statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Confiscation Article 48(1) of the Criminal Act

참조조문

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