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(영문) 서울서부지방법원 2018.11.16 2018고단3322
특수협박
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2018, the Defendant went to a gambling place along with the victim C (Woo, 61 years of age) who was the former domicile of the Defendant, and brought about a dispute with the victim due to the loss of KRW 1 million, and the following day after September 13, 2018, the Defendant went to a mixed drinking at the non-permanent area of Jongno-gu Seoul Metropolitan Government (Seoul) around September 13, 2018, and went to a telephone with the victim while making a telephone call with the victim, but the victim did not go to the victim.

On September 13, 2018, the Defendant: (a) around 18:35 on September 13, 2018, at the victim’s house located on the first floor of Eunpyeong-gu Seoul Metropolitan Government Down-do, the Defendant “the dead, dead, and killed.”

The victim threatened the victim by putting the drinking water containing gasoline for injecting a string, which is a dangerous object in advance, with the victim’s frying gasoline into the victim’s name, and dumping the string of the strings, which is a dangerous object in the strings.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A report on internal investigation (to hear statements by police officers dispatched to the scene);

1. A written request for appraisal or a legal chemical appraisal report;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] / [Article 48(1)1 of the Punishment Act / [Article 48(4) of the Punishment Act / [Article 48(1)4 of the Punishment Act / [Article 48(1) of the Punishment Act / [Article 44 of the Punishment Act / [Article 44 of the Punishment Act / [Article 48 of the Punishment Act / [Article 44 of the Punishment Act / [Special Mitigation]]] The punishment is not imposed / [Article 5(1)] : Contrary to the circumstances favorable to the defendant / The defendant / The defendant was sentenced to suspended sentence due to the crime of injury in 2014 and the defendant

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