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(영문) 청주지방법원 2016.12.27 2016고단1271

상습협박등

Text

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

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

Reasons

Punishment of the crime

The defendant is the wife of the victim D(72 years of age).

1. At around 07:40 on May 25, 2015, the Defendant habitually threatened the victim with a total of 13 times from around 2016 to around 08:10 on May 29, 2016, when the victim was unable to pay 5 million won borrowed from the victim, and was asked the victim to pay his/her debt due to an estate distribution problem, and at the same time, he/she was able to request the payment of the debt from the victim, and at the same time he/she was under consignment with the fenced with the wall, and thereby he/she threatened the victim.

2. In the date and time indicated in paragraph 2, the injured Defendant suffered injury, such as a pellet felling, which requires treatment for about 21 days, considering the victim’s face as a drinking that the victim driven away the Defendant as a damaged parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutorial statement concerning D concerning the accused in the examination of suspect;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to filing a complaint, a loan certificate, a letter of credit, a medical certificate of injury, a photographic, a mail of intimidation, a criminal investigation report (Attachment of photographs of damage), and a criminal investigation report (applicable to the same attached records);

1. Relevant legal provisions concerning facts constituting an offense and Articles 285, 283 (1), 307 (2) and 257 (1) of the Criminal Act that choose to punish a person with prison labor;

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;

1. On the grounds of the sentencing of Article 62-2 of the Criminal Act on Probation, in the case where: (a) the mitigated area (4 to 4 months), the mitigated area (4 to 1 year), the mitigated area (including serious efforts to recover damage) (4 to 1 year) of the Act on Probation; (b) the mitigated area (4 to 4 months); (c) the mitigated area (including serious efforts to recover damage); or (d) the mitigated area (2) the mitigated area (2 to 1 year) of the Act on Probation (2 to 2-1 year); or (b) the mitigated area (2) the mitigated area (2 to 1 year (including special mitigation), or considerable damage was recovered.