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(영문) 서울중앙지방법원 2019.09.09 2019고단3881
특수협박
Text

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

While the Defendant was operating the “C” on the first floor of the Gangnam-gu Seoul Building underground from the case other than the case where the lessee is the lessee, the Defendant lost D in the above B building building owner and the lightingdo lawsuit in progress between the building owner and D, and caused the building owner to explain the above main points until May 31, 2019.

On May 31, 2019, the Defendant: (a) around 07:32, around 07:32, in order to find out the risks of human parts, such as victims E, employed by the said D to enter the said main point inside the said main point, the Defendant: (b) by linking the soil and portable butane gas, which is a dangerous object in the said area, and sprinked it several times; (c) threatened them with “Narap”; and (d) thereby, the victims, etc. put them into the main place outside the first floor of the said building by attaching a froto to the coo, which was put into the first floor of the said building, and thereby, threatened the victims, such as the victim, who was going into the first floor of the said building, with a view to harming them unless they leave the main place.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigative reports (in the situation of crisis negotiations), investigation reports (in the event of reporting 112 incidents), investigation reports (in the event of reporting 112 incidents), CCTV images-shield photographs, investigation reports (in the event of committing a suspect), site photographs, site photographs, investigation reports (in the event of attaching a field photographs), site photographs of seized articles, investigation reports (in the case of attaching a field photo of seized articles), site photographs of seized articles, investigative reports, investigative reports (in the case of a police officer’s statement in the first dispatch), investigation reports (in the case of CCTV images and video images

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act, even if the method was somewhat excessive, at the time of the defendant.

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