logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.07.24 2014고단1283
협박등
Text

A defendant shall be punished by imprisonment for six 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

1. Around April 20, 2014, the Defendant threatened the victim by “E” in a “E” restaurant operated by the victim D in Songpa-gu Seoul Metropolitan Government, Songpa-gu, on the ground that the Defendant was taking the Defendant’s front address in the said restaurant, and putting the victim’s bath on the ground that he was taking the Defendant’s front address in the said restaurant.”

2. The Defendant assaulted the victim’s second instance part of the body once on the ground that the victim F (39 years of age) took his/her photograph by using a mobile phone at the same time and place as that set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Articles 283 (1) and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act of probation and community service order, Type 1 (Scope of Recommendation) and Category 1 (General Intimidation) (General Intimidations) and Group 1 (Special Intimidations) (Scope of Recommendations) and Group 1 (General Assaults) and the basic area (2-10 months) of the Act on the Punishment of Violences (Special Assaults) [the scope of Recommendations] and the final sentence due to multiple aggravated crimes: From February 1 to 15 (Decision of Sentences] [the Decision of Sentence], the crime in this case is not good in that it has been repeatedly committed as a crime of assault and intimidation against employees of the restaurant where the defendant is his former wife, and the defendant has been punished as a fine for the same kind of crime such as violence on several occasions, and the defendant has been punished as a suspended sentence until ten years has passed, and the defendant has not recovered from any damage.

On the other hand, the fact that the defendant recognized the crime and divided it is favorable to the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, character and behavior, environment, family relationship and occupation.

arrow