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(영문) 창원지방법원 통영지원 2016.04.08 2015고단1196
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 15, 2015, around 19:10, the Defendant: (a) sought money from the 6th floor D of the C Building C and demanded the E, an employee, to refuse it; (b) purchased the transition (10cc in length on the blade) which is a dangerous object in the offline; (c) discovered in the head of the next game; (d) threatened the victim F (30 years of age) who is another employee, with the intent to “the victim to die”, and (e) purchased the transition (10cc in length on the blade) which is a dangerous object in which the victim would have deducted the excessive amount from the excessive amount of money; and (e) discovered the victim and threatened the victim with the excessive amount of money to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Protocol and list of seizure;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

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] / there is no person who is subject to special sentencing] in the basic area (six months to one year and six months) (the special person subject to sentencing] / [the decision of sentencing] / The crime of this case is not good for the means that the crime of this case is committed by carrying excessive goods, which are dangerous goods, and it is not good for the crime to be committed; since it is not agreed with the victim, it is favorable for the victim to the extent that the victim wants to be punished by the defendant: there is no record of punishment heavier than the suspended sentence after 1

In addition, in consideration of various sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, health conditions (the point where the defendant is hospitalized in a mental hospital with alcohol dependence), etc., the punishment as ordered shall be determined.

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