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(영문) 전주지방법원 2020.10.14 2020고단531

특수협박등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 64) live together for about 12 years around 2004 and around 30 April 2019.

1. Around 13:00 on April 30, 2019, the Defendant: (a) sent approximately 40L via a dangerous object, the victim would live together with his/her husband and wife; (b) “I ambling,” “I ambling, I ambling, I amb and I amb,” and “I amb and I amb, I amb and I amb,” and “I ambling I amb and I amb and I amb,” and threatened the victim by means of a rater, which is a dangerous object.

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

2. On November 15, 2019, at around 15:25 on November 7, 2019, the Defendant entering a residence: (a) the victim was living together with his/her husband and wife; (b) the victim was living together with his/her husband and wife; and (c) the victim was living together with his/her husband and wife; and (d) the entrance door and windows were cut off by hand in front of the entrance, and the period from around that time

8. From 04:23 to 04:3, the victim’s residence was invaded by the aforementioned method three times in total, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. On-site photographs of each police officer's statement concerning B and a detailed statement of handling 112 reported cases;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching a field photograph), investigation reports (recording a record and submitting a recording file), investigation reports (to hear and report on the statement of a reference witness);

1. Relevant provisions of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 319(1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Special Intimidation) (Special Intimidation) and violent crimes.