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(영문) 서울동부지방법원 2017.01.25 2016고단2987
협박
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

On September 5, 2016, at around 16:40 on September 16, 2016, the Defendant: (a) provided a victim’s 112 report of the failure of the Defendant before the mold in front of the front door of the house of Seongdong-gu Seoul Metropolitan Government D apartment victim E (n, 54 years of age); (b) placed the victim’s front door in hand while taking part only of his clothes, and (c) placed the victim’s front door in hand; and (d) reported 112.

C. Maz. Maz.

(a) Barain death;

h. The victim threatened the victim by stating “a report.”

Summary of Evidence

1. Statement of the witness E in the protocol of examination of witness;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to written E;

1. Article 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] the basic area (two months - one year) of category 1 of the Criminal Act (the decision of sentence] [the decision of sentence] and the crime of intimidation is committed even though there have been several records of having been punished by violence, and the crime of intimidation should be punished by strict punishment in that there is no penance, but in the future, there is no penance between neighbors;

It is decided as ordered in consideration of all kinds of sentencing conditions, such as the fact that there is no record of punishment heavier than fines, the age of the defendant, etc.

Rejection of Public Prosecution

1. On September 5, 2016, the Defendant: (a) around 16:40 on September 5, 2016, the facts charged against intimidation against the victim C, the Defendant: (b) opened the above apartment entrance in Seongdong-gu Seoul Metropolitan Government around the apartment of the victim C (67 tax) located in Seongdong-gu; and (c) opened the front door of the apartment entrance, and threatened the victim by launching the front door.

2. The crime of intimidation is a crime falling under subparagraph 1 of Article 283 of the Criminal Act, and is a crime of intimidation which cannot be prosecuted against the victim’s express intent under Article 283(3) of the same Act. The victim C after the prosecution of this case is instituted by the victim C in this court (not later wanting to be punished against the defendant)

I do not want.

The Criminal Procedure Act provides a testimony as follows.

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