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(영문) 광주지방법원 해남지원 2017.02.16 2017고단9

특수협박등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From July 7, 2016, the Defendant had been performing funeral services in the vicinity of the roads adjacent to the C intersection in the south of South and North Navy.

On July 23, 2016, the Defendant: (a) around 07:35, on the ground that the Victim D (49) and the Victim E (58 years old) were conducting a Go-gu funeral in the place in which the Defendant was a funeral, and (b) was threatening the victims of the instant cargo vehicle, driving a F-wing truck, which is dangerous articles, to look at the content set up by the victims; and (c) threatened the victims of the instant cargo vehicle, who were staying there.

In this respect, the defendant carried dangerous articles, and thereby, damaged the victims' unexpected repair cost, and threatened the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of statutes on site photographs;

1. Articles 284, 283(1) (a) and 366 of the Criminal Act concerning facts constituting an offense, as prescribed under the corresponding Act, and Articles 369(1) and 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Intimidation);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Each special intimidation subject to the sentencing criteria is an ordinary concurrent crime, and thus the sentencing criteria do not apply; and

(a) Crimes of destroying special property [the scope of recommended punishment] Habitual, repeated crimes, and special destruction and damage category 1 (Habitual, repeated crimes, special damage, etc.) (4 months to 10 months) in the mitigation area (special mitigation area) / [the special mitigation person] in the mitigated area;

(b) Application of the standards for handling multiple crimes: not less than four months of imprisonment (the lower limit of the scope of sentence according to the standards for sentencing for the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes in the former part of Article 37 of the Criminal Act, since the crimes for which the sentencing criteria are set and

2. The defendant who has rendered a sentence shall drive a dangerous cargo vehicle to the victims.