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(영문) 수원지방법원 2018.04.17 2017고단5162
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

The Defendant is a “C” employee of the cleaning service business chain in Masung-si, and the victim D(57) is a regular manager of the said company.

On December 23, 2016, the Defendant: (a) around 06:10 on December 23, 2016, the Defendant moved the Defendant to another company as a matter of the cleaning service agreement between “C” and the viewing of ignifiedness; and (b) the Defendant was in the situation where the Defendant should move the Defendant to the other company as a matter of the cleaning service agreement between “C” and the viewing of ignifiedity.

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

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspect with respect to F;

1. On-the-spot CCTV and on-site CCTV CDs [the evidence duly adopted and investigated by this court, the defendant's possession of knife goods, the appearance of the victim's knife as the defendant threatened his knife with his knife, etc. was confirmed as CCTV images. If the defendant did not threaten his knife with the knife, the victim did not have any reason to do the above act at the time, and F also stated that he was the defendant by threatening the victim at the police investigation stage, and the victim also submitted a written application to the investigative agency for the correction of the knife of the defendant's knife and on-site CCTV, and the fact that the defendant threatened the victim was not the victim. In light of the above circumstances, it is sufficiently recognized that the defendant used a knife and the fact that the victim threatened the victim]

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [type of crime] Intimidation, Type 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) (person subject to special mitigation] / Non-application of punishment [the scope of recommended punishment] mitigated area, month of imprisonment or year;

2. Sentence;

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