beta
(영문) 광주지방법원 목포지원 2016.05.10 2015고단1733

특수협박

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around November 25, 2015, the Defendant 23:35, 2015, Mapopo-si, the Victim B (V, 53 years old) residing in this case, Mapo-si, Mapo-si, C, 305 and 209, Mapo-si, Mapo-si, the Defendant 305 and 209, causing a dangerous object, and threatened the victim B, and threatened the victim B, “A person who does not diving due to any sound carried out Mapo-a-mail and doing so,” and the Defendant’s wife D restrains the Defendant, and takes a dangerous object from the main money on the Defendant’s body ( approximately 21cm in total, approximately 100cm in length, approximately 10cm in length, and continuing to contact the victim B with the Defendant, and threatened the victim B and the victim B (hereinafter referred to as “the victim”) to arrive at the scene.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police station in B or D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of dangerous objects;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to June 10;

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

(a) Crimes Nos. 1 and 2 / [the scope of recommendations] No. 4 basic area (6 months to 1 year and 6 months) of the Act on the Punishment, etc. of Terrorism (Habitual, Cumulative Offense, Special Intimidation) (a person who is subject to special sentencing)

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months to two years; and

3. The range of sentence comparison and recommendation: Imprisonment with prison labor for up to six months from February to March;

4. Determination of sentence: The crime of this case in October is deemed to have been committed by the Defendant by carrying the net and excessive volume, which is an object dangerous to the heart, and thereby threatening the victims as B’s residence. The nature of the crime is inadequate, and the Defendant committed the crime of this case even though he had the past record of punishment several times due to the same kind of crime, and it is inevitable to punish the Defendant significantly.

(b).