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(영문) 창원지방법원 통영지원 2019.09.04 2019고단672

특수협박등

Text

A defendant shall be punished by imprisonment for four 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

The defendant is living separately for about 15 years between the victim B (n, 65 years of age) and the married couple.

On April 16, 2019, the Defendant: (a) sent mail to the victim at the Defendant’s house located in the Defendant’s house located in Yeongdeungpo-si, through through through the Defendant’s house, on the ground that the victim purchased the land at the Defendant’s seat and made a false statement; and (b) visited the victim at the above residence on the ground that the victim purchased the land at the Defendant’s house located in the Defendant’s house; and (c) read, “I may die at the lower part of the victim’s timber on the ground that the victim did not know of the time of departure anytime,” and boomed the victim’s gate, which is a dangerous object on the part of the living room, going beyond the victim’s boom and was sat down on the bottom of the living room, with the victim’s breath, which is in need of approximately two weeks medical treatment.

Accordingly, the defendant, carrying dangerous articles, threatened the victim, and injured the victim.

Summary of Evidence

1. Each legal statement of witness B and E;

1. A report on investigation (attaching photographs of the victim);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for one month to ten years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to four months and six months;

B. No person who has a general injury [Type 1] and no person who has a general injury (a person who has a special injury] (a person who has a recommendation field and a person who has a recommended punishment] basic area (a person who has a special injury) and imprisonment with labor for April to June.