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(영문) 청주지방법원 충주지원 2016.09.09 2014고단577

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2014, the Defendant who damaged property indicated that the facts charged in E, operated by the victim D, who was in the voice group of Chungcheongbuk-gun on September 1, 2014, are “F” but it is obvious that it is a clerical error in light of on-site photographs.

While drinking alcohol in the alcohol house, there was no money to be demanded from the injured party for calculation, and the beer's disease was laid in the above alcohol house glass, and the market price of 520,000 won, which is the victim's own, was damaged.

2. A special intimidation: (a) at the time, place, etc. set forth in paragraph (1) and at the same time, the Defendant brought a shoulder beer disease, which is a dangerous object after committing the crime, and (b) threatened the victim as the victim’s sludge.

3. The Defendant, at around 23:10 on September 1, 2014, was investigated by the victim I, who is the police officer belonging to the above police box, during the investigation into the criminal act described in paragraphs 1 and 2 by the victim I, who is a police officer belonging to the said police box, and the victim during the foregoing D’s bit B, “I bit bit bit bit bit.”

The victim openly insultingd the victim by openly referring to the brush, e.g., e., e., g., the brush.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Each police statement made in relation to I and D;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation), Article 311 of the Criminal Act, the choice of imprisonment for the crime;

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 suspended execution (including the fact that the defendant recognized the crime of this case and reflects the crime, and the fact that the defendant agreed smoothly with the victim of property damage and special intimidation);