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(영문) 의정부지방법원 2016.05.20 2016고단656
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 29, 2015, the special intimidation Defendant: (a) 2003 east C Apartment-ro, Namyang-si, Namyang-si, 2003 East-ro, followed the victim’s d (32 taxes) who drives the Defendant’s vehicle on behalf of the Defendant’s vehicle to take a bath for the victim’s satho, leading the victim’s breath, leading the victim’s breath; and (b) 1 flap, which is a dangerous object in the between the Defendant’s vehicle troke; and (c) flad the victim’s head head bife two times, and flad the victim’s head flad with the victim’s body.

"................ the escape has kidddddd the victim.

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

2. The Defendant damaged a special property at the time and place indicated in the preceding paragraph, as seen above, destroyed the victim’s property by cutting down the improvement, which is a dangerous object for the escape of the victim E, who was parked there, and by sticking the victim E, who was parked there.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. Indicating on the spot and sound photographs, and application of video-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 369(1) and 366 of the Criminal Act (the occupation of damaging dangerous articles) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with severe special intimidation) for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend (the scope of applicable sentences under the law) (the type of special intimidation) is ten years and six months of imprisonment: Class 4 of a crime of intimidation among violent crime groups (Habitual, repeated, repeated, and special intimidation): One type of habitual, repeated, and special damage (Habitual, repeated, special damage, etc.) among the crime of destruction (the person subject to special sentencing).

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