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(영문) 춘천지방법원 속초지원 2016.04.27 2016고단20

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

On December 31, 2015, at the early corridor No. 104, 907, the Defendant, from the victim C (22, ) residing in the front corridor No. 908, the next house No. 104, 907, was drunk, and the Defendant was able to hear the phrase “probly fluening” with respect to the Defendant’s act of aiding and abetting the front door door by walking the above victim’s timber into the wall of the corridor with his left hand, and walking the head kne with the Defendant’s kne with the head kne.

On the other hand, the defendant continuously sees the family (22 cm in length) that is a dangerous thing in the defendant's house and the defendant's house, and sees as the victims, and sees the walk hand.

C. H. H. H. H. H. H. H. H. H. H. H. expressed a bath.

Accordingly, the defendant committed violence to the victims respectively, and threatened the victims by carrying dangerous articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in C and D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 260(1) (a) 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. The community service order under Article 62-2 of the Criminal Act;

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

1. Application of the sentencing criteria;

(a) Class 1 crime [the scope of a recommended punishment] and Class 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) and the basic area (from June to one year and six months) of the crime (no person subject to special sentencing)

(b) Class 2 crime (the scope of recommended punishment) is not the basic area (two months to ten months) (the person who is subject to special sentencing).

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for six to eleven months; and

2. The fact that the defendant who was sentenced to the punishment of this case recognizes the crime of this case and fine;