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(영문) 광주지방법원 2017.03.23 2017고단556

특수협박등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 8, 2016, the Defendant was in de facto marital relationship with the Defendant in the second floor inside the building located in Gwangju Mine-gu around December 8, 2016, around 12:45, around December 8, 2016.

B’s materne victim E (I, 64 years old) this Defendant and B’s horse dispute, “Chewing h. f. f. f. f. f. f. f. f. f. f. f. f.

Man Man Man 122

After the phrase “,” the victim left the head of the victim and the victim’s head with a watch, which is a dangerous object by a small room, and followed up 3 to 4 times from the victim’s head.

Accordingly, the defendant carried dangerous things and threatened the victim as he inflicts bodily harm on the victim.

2. On December 29, 2016, the Defendant damaged property on the second floor of the building set forth in the above 1. Around December 29, 2016, at around 01:00, the Defendant 1. B, on the ground that (i) the Defendant’s director was damaged, and (ii) the Defendant did not neglect the Defendant’s director, and (iii) the Defendant was broken a glass window equivalent to 30,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Application of Acts and subordinate statutes to investigation reports (victim B, E telephone recording), and recording records;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, 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. For the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and Article 62-2, if the actual damage is minor, the scope of the final sentence due to the aggravation of multiple crimes: April to 1 year [Determination of the sentence] in light of the method and content of the crime committed in April to 3] and the method and contents of the crime committed in the mitigated area of Category 4 (Habitual, Habitual, Habitual, and Special Intimidation) [Specially mitigated Persons] [the scope of the recommended sentence] in the mitigated area of Category 1 (Destruction to 6 months) [the scope of the recommendation] in the mitigated area of Category 2 (Destruction to Disturb Property, etc.] in the mitigated area of the mitigated area of the punishment [the scope of the recommendation], the punishment for the crimes committed in several instances of damage to property or violence.