beta
(영문) 광주지방법원 목포지원 2015.12.07 2015고단975

협박

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 was investigated by an investigative agency when he was injured by the victim C(72 years of age) who is a neighboring resident, and there was no adequate appraisal of the victim.

1. On January 29, 2015, the Defendant sought to enter into an agreement at the victim’s house located in Newannam-gun, Nananannam-gun, Nanannam-gun, but the victim refused to communicate, and subsequently, threatened the victim with the victim by stating that “I will throw away this dog, hacker, and hicker, and throw away from the house.”

2. Around 18:00 on February 6, 2015, the Defendant: (a) sought a victim hospitalized in a F Hospital located in the Nanannam-gun E with drinking alcohol; (b) on the ground that the victim did not reach an agreement; and (c) submitted a written diagnosis to an investigative agency, the Defendant threatened the victim with the victim, stating, “n is currently submitting a written diagnosis to the police station; and (d) he/she will die.”

3. Around 18:00 on February 7, 2015, the Defendant found the victim hospitalized in the F Hospital as described in paragraph 2, and for the same reason as described in paragraph 2, and threatened the victim with the victim by stating that “I would die.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of indictment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 283 (1) of the Criminal Act selecting a penalty;

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Determination of types of crimes: General intimidation of each violent crime;

2. Determination of the scope of sentence: Each basic area, two months to one year (no person specially punished):

3. Criteria for handling multiple crimes: From February to October;

4. Imprisonment with prison labor shall be selected in light of the fact that the motive for committing a crime as to whether to suspend the execution of sentence or not is bad, and the victim has been repeatedly threatened.

However, the defendant.