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(영문) 광주지방법원 순천지원 2016.11.09 2016고단1340

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

1. Special intimidation Defendant: (a) around 23:15 on April 23, 2016, within the D restaurant operated by the victim C (hereinafter referred to as 45 years old), who was the wife of the Defendant located in Macheon-si B; and (b) the victim went outside of the friendly zone.

In addition to the phrase of misunderstanding, I brought 40 cm in a dangerous object in a warehouse (40 cm in length), and stated that "the victim is "bruting, irrading, and irrading," and threatened the victim with the head of the victim, as we can see.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant causing property damage: (a) the date and time indicated in paragraph 1; (b) the market price in front of an unexplosion in the place where the victim had been placed in two hands; (c) was removed, and (d) was damaged by galloning S5 smartphones in the market price of 429,500 won, which is the victim’s ownership, at several times, in a gallon (22 cm in length).

Summary of Evidence

Defendant’s legal statement

C. Application of the police protocol report (Presentation of Written Statement) Act to E

1. Article 284, Article 283 (1), and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2 of the Criminal Act seems to have continuously exercised violence against the victim who is the defendant.

The defendant's act and the crime of this case need to be strictly punished as a crime of domestic violence.

However, the punishment shall be determined in consideration of the defendant's age, character and conduct, family environment, etc. that reflects the defendant's mistake, that the victim does not want the punishment of the defendant, that is only one time of a fine for drinking driving, that is favorable to the defendant.