(영문) 서울남부지방법원 2019.03.27 2018고단6824

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(영문) 서울남부지방법원 2019.03.27 2018고단6824

특수협박등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

At around 15:10 on October 14, 2018, the Defendant tried to look at the victim C (the age of 47) and waste in front of Gangseo-gu Seoul Metropolitan Government on the street. However, the Defendant tried to see the victim by putting the brick (a 19cm, length 9cm, height 5cm) on a dangerous object on an air condition, which was located in the air conditioner room.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. C’s statement;

1. Application of statutes on site photographs;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed by intimidation of the victim, which is a dangerous object of the defendant, and the nature of the crime is not good, and the defendant has the record of having been sentenced to a fine and a suspended sentence of imprisonment due to violent crime. However, although the defendant reflects the crime, the victim does not want the punishment of the defendant, it is economically difficult for the defendant, there is physical and mental disability, and there is any other physical and mental disorder, and all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, etc., are considered.

Public Prosecution Rejection Parts

1. On October 14, 2018, the Defendant: (a) around 15:10 on October 14, 2018, when there was a dispute, such as the victim C (the age of 47) who is neighboring in the street of Gangseo-gu Seoul Metropolitan Government and the statement of the facts of the offense, and subsequently, knee of the victim, knee and knee of the victim’

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the records, the prosecution of this case is instituted.

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