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(영문) 창원지방법원 통영지원 2016.10.06 2016고단1043

특수협박

Text

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

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

Reasons

Punishment of the crime

At around 19:20 on June 5, 2016, the Defendant: (a) left the Defendant’s house located in B at a macroscison time; (b) left the Defendant’s house in front of the traveler C (at least 46 years of age and 90 years of age) and the mother of the Victim C (at least 90 years of age) with a large sound; (c) but, upon receiving a claim from the victims, the Defendant took a kitchen, which is a dangerous thing in his/her house, and threatened the victims by putting the kitchen, and putting him/her a kitchen, which is a dangerous thing in his/her house.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the investigation report (on-site situations);

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (six months to one year and six months) of the sentencing criteria (the scope of recommendations) for intimidation crimes: Type IV (Habitual, repeated, and special intimidation) (the period of six months to one year and six months) is nonexistent;

2. It is so decided as per Disposition by the defendant who did not agree with the victims of specific reasons for sentencing on the grounds that he/she has committed an offense against himself/herself, and that he/she has not committed an offense against the defendant, or on the grounds that he/she has not committed an offense against the defendant, including his/her age, character and conduct, environment, circumstances leading to the offense, means and result, etc.,