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(영문) 창원지방법원 진주지원 2018.10.17 2018고단296

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is sentenced to one year of imprisonment or two years of suspended execution due to interference with the execution of official duties at the Changwon District Court on October 12, 2017, and the judgment becomes final and conclusive on October 20 of the same month and is currently suspended execution.

1. Special intimidation Defendant: (a) around December 18, 2017; (b) around 09:10; (c) from the C building in which he/she resides; and (d) from the Defendant, he/she must use his/her cell phone to “I amhhhh.”

니 지기 삔다.

When the victim D(54) was aware of the fact that she was under the opening of our house, she heard the word "Woo Hak Hak Hak Hak Hak Hak kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

2. A special assault Defendant: (a) threatened the victim as described in paragraph 1; and (b) led the victim’s residence on the fourth floor of the instant building to the Defendant’s residence; and (c) took the victim D (54 years old) who was at the entrance of the said building at the entrance of the said building, expressed a bath to “this son, dead,” and took a dangerous object in the said bed, finite, glass disease, etc., leading the victim to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and D;

1. 112 A list of reported cases;

1. Each police statement made with respect to E and D;

1. Application of statutes on field photographs;

1. Articles 284, 283(1) (special intimidation) and 261 and 260(1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 offence - the sentence of recommendations for special assault: 2 months to 1 year and 2 months (the area of mitigation): No penalty is imposed;

(b) 2nd crime - the sentence of recommendation for special intimidation: two months to one year (the area of mitigation): No penalty is imposed;

(c) majority;