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(영문) 창원지방법원 통영지원 2017.05.31 2017고단188

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.

(e).

Reasons

Punishment of the crime

1. On April 29, 2015, from around 00:00 to around 06:00 on the same day, the Defendant was aware of the fact that the Defendant was going to know of the fact that he was going to the outside by having a sexual intercourse with the victim G (V, 26 years old) who was married to the other male on November 4, 2014 at the time of Gyeongnam-si 104 and 806 to around 06:00 on the same day, and was sexual intercourse with the other male on the other male on the same day, and used the victim G by shooting down water on the head of the victim G, and assaulting the victim G by having the head of the victim G on his own.

2. The Defendant damaged property at the time, at the time, and at the places mentioned in the above paragraph 1, faced with the cremation of the cremation room, shouldered the glass window, laid the chaired person on the floor, laid down his head on the schilled window, cut off the shock net, cut off the shock net on the schilled window, cut off the glass with the schilled person on the floor, cut off the glass, and flicked his photograph with his hand.

Accordingly, the defendant damaged the victim H, I's market price in the above residence, which is a person who has a right to lease on a deposit basis, and the market price in I's possession, and the victim G's interest, marriage, and photograph respectively.

3. Around April 29, 2015, the Defendant damaged a golf bond, which is a dangerous object at the place specified in the foregoing paragraph 1, by putting off TV in the market price owned by the victim G in the ward and then destroying it.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness G;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, and each choice of imprisonment with prison labor, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

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

(a) One type of crime (the scope of recommendations) (special property damage) habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.).