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(영문) 서울북부지방법원 2018.02.08 2017고단4970
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) around October 18, 2017, at the Defendant’s residence located in Seoul Special Metropolitan City, Nowon-gu around 02:30, the Defendant puts the victim C (53 tax) and the high saw saw saw saw stop as a serious problem; (b) the victim used transition (21cm in total length, 9cm in length, knife, 90cm in length) that was located outside the house, and then the victim “this Chewing, stove, and math,” and (c) the Defendant threatened the victim by using dangerous things that the victim is driving away.

2. The Defendant damaged special property by taking advantage of dangerous things by making four knish cab owned by the victim C, which the victim had been parked in the future again after the escapeer returned to the house, and by making knife the knife in the above section, at the time and place described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Side photographs of damaged vehicles and excessive photographs of criminal tools;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 369(1), 366 of the Criminal Act (a point of destruction of special property), and choice of imprisonment for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant’s act of threatening the victim in excess of the degree of punishment and thereby, the Defendant’s act of damaging the victim’s goods is not exceptionally considered.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

As the injured party has agreed with the injured party smoothly, the injured party has not been punished for the accused.

A defendant is not sentenced to any punishment exceeding a fine.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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