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(영문) 수원지방법원 2016.02.04 2015고단6178
특수협박등
Text

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

Reasons

Punishment of the crime

1. 특수 협박 피고인은 2015. 8. 13. 23:50 경 서울 성동구 C 지하에 있는 'D 주점 '에서 피해자 E(36 세) 과 함께 술을 마시다가 피해자에게 “ 니가 내 여자친구를 꼬셨다.

per made the words such as "n't be sweed", and intending to get off the table on the table with beer's disease, which is a dangerous object in the table, and then to see the victim.

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

2. Around August 14, 2015, at around 03:25, the Defendant: (a) arrested the Defendant as the current offender of Paragraph 1 at the Sungdong Police Station-type History Division and Office in Seongdong-gu, Seongdong-gu, Seoul, as 9, under the investigation by G, a police officer belonging to the above police station; (b) conducted the investigation by G, who was a police officer belonging to the above police station; and (c) then, in order to conceal the fact that the Defendant issued a detention warrant at the time, the Defendant’s statement column of the suspect interrogation protocol was written “F,” which is the name of the Defendant’s pathal H, who was known in Pyeongtaek, and forged the above F’s signature without authority for the purpose of using it by fluoring it. In other words, at the seat, the Defendant submitted it to the said G as if he was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of a protocol concerning the interrogation of a suspect with respect to F in the police room, and its existence;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a copy of a report on arrest of designated voters;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) (a special intimidation, choice of imprisonment), Article 239(1) (a)) of the Criminal Act, Article 239(2) and 239(1) of the Criminal Act (a point of exercising a signature of a company) of the same Act;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. With respect to concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing criteria are set according to the sentencing criteria and the crimes for which the sentencing criteria are not set, the lower limit is set.

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