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(영문) 광주지방법원 2019.08.13 2019고단2314

특수협박

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on June 9, 2019, the Defendant: (a) asked the victim D (17 years of age) and E (17 years of age) to display the atmosphere (105cm in length) to prevent dangerous things, and to hold the entrance door of the wife, house and store in the air above, and to stop down the air above, and tried the victim to break down, and (b) tried to do so, the Defendant d (17 years of age) and E (17 years of age) to do so, and (c) committed an act that would cause harm to the life and body of the victims, such as driving away from the victims, and (d) led the victims by doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. An unfavorable circumstance such as the absence of agreement with the victims of reasons for sentencing under Article 62(1) of the Criminal Act, etc., the confession of the defendant and the violation of his mistake is committed, and there is no record of criminal punishment against the defendant, etc. In addition, the conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., as shown in the argument of the instant case, shall be determined as the same as