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(영문) 창원지방법원 통영지원 2016.02.03 2015고단1274

폭력행위등처벌에관한법률위반(상습협박)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 (U.S.) shall be confiscated from the accused.

Reasons

Criminal facts

[criminal records] On January 17, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court on January 17, 201, and completed the execution of the sentence in Busan Correctional Institution on June 29, 2015.

[2] On October 16, 2015, at around 19:45, the Defendant: (a) found the victim D (E)’s management “E” of the victim D (E) store 101, Seoul, Dong-gu, Seoul, about 101, with a view to finding the victim as a dangerous object (30cm in length) for the reason that the victim scamblings the victim’s reputation; (b) stated that “The victim and the victim F (58 years old), who had been using the embankment, throw the victim with a dangerous object (30cm in length)” (hereinafter “the victim and the victim F (58 years old), thereby threatening the victims by carrying the victim’s head.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Seizure records;

1. Photographs;

1. A written agreement;

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes to inquiries and investigation reports;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a victim D with a heavier penalty, but the punishment of imprisonment shall be chosen);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the recommended sentence [the scope of the recommended sentence] shall be the mitigated area (4 months to 1 year), and the mitigated area (4 months to 1 year) [the specially mitigated person] the victim D's non-guilty area of the punishment (including efforts to recover damage);

2. Determination of sentence - Determination of favorable circumstances: The fact that an agreement is made with the victim D, the fact that it appears to be a somewhat contingent crime in the state of drinking, the fact that the mother of the defendant wants to take the action by carrying out the guidance of the defendant, and reflects it.

(k) Unfavorable circumstances: The victims have been threatened with dangerous articles, and repeated crimes related to the same kind of violence have been committed during the period of repeated crimes;

(k) - The age of the defendant;