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(영문) 서울북부지방법원 2019.11.21 2019고단4318
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. At around 20:07 on June 3, 2019, the Defendant: (a) removed part of a wooden board installed in a nearby building in Seoul Special Metropolitan City, Nowon-gu, for the victim D (18 years of age), victim E (18 years of age), victim F (18 years of age), and victim G (18 years of age) under the influence of alcohol on the ground that tobacco is smoking, the Defendant expressed the victim’s desire to the victims; and (b) “I am back, I am back, I am back, I am back, I am back, I am back only, I am back, a fine of 200-3 million won, I am.”

2. Special intimidation: (a) the Defendant, at the time and place specified in Paragraph (1) of this Article, when the said victims moved to the Defendant; (b) took advantage of the transition (20cm in total length and 9cm in length on the day) which is dangerous in the Defendant’s house located in Nowon-gu Seoul Special Metropolitan City, Nowon-gu’s H; and (c) took an attitude that the victims would have suffered bodily harm, such as flaging the wall in a knife, driving away the victims; and (d) sound the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A investigation report (explosion at the site of occurrence and confirmation of Crime PreventionCCTV), CCTV image-fash photographs, and CCTV image storage CDs;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. Application of the respective Acts and subordinate statutes of D, E, F, and G Preparation;

1. Article 260 (1) of the Criminal Act (a point of violence) and Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (including cases of sentencing favorable to the accused, as seen below)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 62-2 of the Criminal Act (the probation order shall be issued in order to prevent recidivism of the accused and to provide the accused with an opportunity to reflect his/her ability to reflect, etc.).

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