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(영문) 춘천지방법원 강릉지원 2016.11.23 2016고단1205

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant had been in a personal relationship for about seven years with the victim E (or 43 years of age) and about seven years, and around June 2016, the defendant had been in mind to exercise violence against the victim who received the victim's special notice from the victim.

1. On August 30, 2016, at the G office operated by the Defendant of Gangnam-si, Gangnam-si, the Defendant: (a) called her phone to her female on the ground that the victim does not take the her seat; (b) called her phone to her on the ground that he/she does not take the her seat; and (c) her face to 10 times with the face of the victim who found the above office her face, and (d) her face to her face at her hand, and her face was 5 times with the other hand.

As above, the Defendant inflicted bodily injury on the victim, such as cerebral finites, which had no one in the open room for treatment for about three weeks.

2. The Defendant, at the same time and place as set forth in the above 1.1. At the victim’s time and place, and even at the victim’s time, knife the knife, which is a dangerous object in the multi-use room, is left hand, and knife the victim’s head knife with a knife, knife with a knife, and the victim’s head knife with a knife with a knife, knife, and kn

The Defendant carried dangerous objects as above and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E's substitute part of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A complaint;

1. A report on investigation (related to photographing a criminal implements);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. An injury to the law applicable to the facts of crime and the decision of the choice of punishment: Special intimidation as prescribed in Article 257(1) of the Criminal Act: Articles 284 and 283(1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Special Intimidation as indicated in Judgment heavier serious Crimes) shall be applicable;

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.