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(영문) 춘천지방법원 원주지원 2017.06.08 2017고단369

특수협박

Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On November 6, 2014, the Defendant was sentenced to imprisonment with prison labor for 10 months for the crime of injury, etc. at the Gangnam Branch Branch of the Chuncheon District Court, and completed the execution of the sentence on July 13, 2015.

The Defendant, at around 18:20 on February 12, 2017, was under the influence of alcohol in front of the dry apartment located in 279, Goju-ro around 18:20 on 12, 2017, without any justifiable reason, to the victim B (V, 19 years of age).

(h) An interest rate shall be tamped.

(h) Bathoblih;

“Along with the intent of “,” the victim was threatened by carrying dangerous things in a way of displaying the victim several times in diameter (2 cm in diameter, 190cm in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

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

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the person subject to special aggravated punishment] / (the type of habitual and repeated crime among the four types] / the crime committed during the period of repeated crime due to the same type / [the sentence] / The crime committed during the period of repeated crime; the record of being sentenced four times or more as fines; the record of criminal punishment for the crime committed during the period of repeated crime; the motive or circumstance of the crime of this case committed; the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime; etc., the victim's ability to directly exercise the sentence is determined by taking into account various circumstances, such as the victim's ability to directly exercise the sentence, rather than the victim's body, and taking into account various circumstances, such as the victim's age, character, environment, motive, means and result of the crime.