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(영문) 서울남부지방법원 2018.12.12 2018고단5337
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person living together for about 17 years with the victim C (nive, 45 years of age).

On July 15, 2018, at around 23:25, the Defendant her residence in Yeongdeungpo-gu Seoul Metropolitan Government D and 202, and her fly fluordial system with the victim, and her fluorial system was fluored by the victim on the ground that the victim was unable to properly deal with water leakage problems. However, the Defendant her fluor oil with a fluor oil, which was a dangerous object stored under a small computer book on the victim’s small computer book, caused the victim to her fluor, and her fluort oil to be fluored on his her her body and fluor, and then her fluored on his her fluor, and threatened the victim with the victim “Iss and flussssssium as the flusium in the flusium.”

In this respect, the defendant carried Rab oil and so on, which are dangerous objects, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. C’s statement;

1. A report on investigation (to hear statements by a police officer called the scene);

1. Police seizure records and list of seizure;

1. Legal and chemical appraisers;

1. 112 Statement of report;

1. A report on the result of identification;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles and the choice of imprisonment);

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the area of mitigation (two months to one year) (the area of special mitigation) of the mitigated punishment (the area of special mitigation) of the category four (the amount of repeated crime, special intimidation) are not subject to punishment;

2. Circumstances unfavorable to the determination of sentence: The instant crime is highly likely to pose a risk of committing the instant crime because the Defendant spreads and threatens to cause fire with oil.

There are a lot of damages suffered by victims.

The defendant is subject to criminal punishment several times for violent crimes.

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