beta
(영문) 수원지방법원 안양지원 2018.01.12 2017고단1802

특수협박등

Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

1. Around July 6, 2017, the special intimidation Defendant: (a) took a bath that he she sawd and resisted the Victim C (L, 33 years old) who is his father while making a telephone call at the residence of 205, B apartment No. 1102, Dong 205, Dong 1102, on the ground that he she was frightened and resisted, and (b) took a bath that he she was “the brue of the brue of the brue, early boming, early dra,” while taking the bath that he she sawed to the victim.

Accordingly, the defendant threatened the victim by using dangerous things.

2. The Defendant damaged property, on the ground that the victim’s market value, which is the victim’s room, was destroyed at the same time and at the same place as the above 1 paragraph, exceeded 100,000 won, and collected things therein.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on site photographs;

1. Relevant Articles 284 and 283 (1) (a point of special intimidation) of the Criminal Act concerning the facts constituting an offense, Article 366 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 for the observation of protection and observation [the scope of sentencing under the sentencing guidelines] 1 - Crimes (Assault) - Crimes in Type 4 (Habitual, Cumulative Crime, Special Intimidation) and Type 2 (damage) in the basic area (from June to January 1) - the scope of final sentence due to the aggravation of multiple crimes in the basic area (from April to October) of the category 1 (damage, etc.) (the general standard): Six months to 11 months (the decision of sentence): - From June to 11 months (the decision of sentence): Unfavorable circumstances: Crimes committed against family members by citing, threatening, threatening, etc. the value of an industrial pro rata, and violence. - The favorable normal circumstances are not sufficient to recognize the defendant's mistake.