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(영문) 서울남부지방법원 2017.05.11 2017고단321
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The seized brushes (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On November 1, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for special bodily injury at Seoul Western District Court, and the judgment became final and conclusive on February 24, 2017.

피고인은 2016. 12. 30.부터 서울 구로구 금오로 865( 천왕동 )에 있는 서울 남부 구치소 C에서 피해자 D(21 세) 와 함께 생활하고 있던 사람으로, 생활용품으로 지급 받은 플라스틱 재질의 칫솔( 길 기 18.5cm) 을 창 밖 시멘트에 반복적으로 가는 방법으로 밑부분을 뾰족 하게 변조하여 몰래 보관하고 있었다.

around 17:35 on January 7, 2017, the Defendant changed the brush, which is a dangerous object that was in possession of the victim D(21) who was living together in the Nam-gu Seoul Southern House C, Seoul, for the reason that the victim D(21) who was living together in the Geum-ro, Guro-gu, Seoul, Seoul, is supposed, 865 (Dong-dong). The Defendant took the brush brush to the victim, and “I die and are punished by imprisonment with prison labor for life.”

Irrith of death.

"" and the victim seems to have been threatened.

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

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. Each police statement made with respect to E, D, and F;

1. A working report, a documentary evidence, a report on seizure, and a list of seizure;

1. Previous convictions: Application of written inquiries about criminal history and investigation reports (Attachment to written judgments, etc. of cases pending a trial by a suspect A appellate trial);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the Defendant committed the instant crime in the course of trial with his/her previous record stated in the judgment; (b) the Defendant could have been tried with his/her previous record stated in the judgment; (c) the denial of the fact of the crime and there is no form to oppose it; and (d) other circumstances, such as the motive for the crime,

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