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(영문) 전주지방법원 2019.07.10 2019고단303

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

A seized spoch-kin (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years for obstruction of performance of official duties at the Jeonju District Court on January 12, 2017, which became final and conclusive on January 20, 2017, and is currently under suspended sentence.

【Criminal Facts】

At around 23:50 on February 27, 2019, the Defendant: (a) 23:50 on the ground that the Defendant was drinking alcohol at the “C” frequency of the “C”, which was in the front city of Yansan-gu, the Defendant her employees, d (22 years old); (b) tightly sealed the victim’s breath by her hand; and (c) her hand when the victim wanting to take out her hand with her hand her face at one time; (d) her hand her face at one time; and (e) she did not look at the said frequency, and did not take any dangerous object that was kept in the between the Defendant and the head of the vehicle of the Eststya-gu, the Defendant died of the victim (37 cm in total length, 23 5 cm in length, and 5 cm in length).

Accordingly, the defendant assaulted the victim, and threatened the victim with a Smi-kin, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Seizure records;

1. Investigation report (on-site conditions and kniff details, CCTV image-related records, and assault against victims);

1. Assault photographs of the victim;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (a stay of execution and attachment of the same criminal records), application of statutes of the judgment;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria;

A. Group 1 Crimes [Scope of Recommendation] Crimes No. 4 (Cumulative Intimidation and Special Intimidation) are the basic sphere (4-1-6 months) (special person).