특수협박등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a relationship living together with the victim C (V, 43 years of age) in Guri-si B and 201.
1. Around June 13, 2017, the Defendant damaged the property by putting the depositor, who was the victim’s possession, in hand, and by taking the breath of the Defendant’s telephone, on the ground that the victim was unable to get the Defendant’s telephone at late returning home under the influence of alcohol and destroying the property equivalent to KRW 2 million at the market price.
2. A special intimidation: (a) around 04:20 on the same day, the police officer called up with a report from a neighbor to a neighboring resident visited the victim and met the victim; (b) the victim was able to take care of the victim; (c) the victim was able to take care of the victim’s face once, and the victim was able to take care of a shoulder glass bottle, which is a dangerous object in the vicinity; and (d) threatening the victim as the victim with a brut.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to field photographs, such as damaged articles, etc., and shouldered spawn-in photographs used for violence;
1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act that selects punishment, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
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, including observation of protection and community service order;
1. Crimes of special intimidation [Scope of Recommendations] Class IV (Habitual, Cumulative, Cumulative Crime, Special Intimidation) in the mitigation area (a period of imprisonment from 4 months to 1 year) (a person subject to special mitigation] in the mitigation area (a person subject to special mitigation);
2. The mitigated area (one month to six months) of the mitigated area (a period of imprisonment) (a period of one month to six months) (a person who has been specially mitigated) of the general standards for the crime of destroying property;
3. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of four months from one year to three months.
4. Determination of sentence: Imprisonment with prison labor for 8 months and suspended execution for 2 years and other crimes of the same kind; however, the crime of this case has been committed several times.