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(영문) 서울남부지방법원 2017.03.09 2016고단5075
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

. The victim was threatened with an over-road deposit at a time;

2. The Defendant damaged property at the time and place described in paragraph 1, and at the time of the victim’s 112 report on a smartphone, the victim C deducteds the Samsung T 4 Smartphone on the market value that is not owned by the victim and broken it on the floor.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and C;

1. Application of the photographic Acts and subordinate statutes;

1. The point of special intimidation under relevant legal provisions concerning criminal facts: Articles 284 and 283 (1) of the Criminal Act; Article 366 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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 (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Imprisonment with prison labor for not less than one month nor more than ten years; and

2. The scope of the recommended punishment in accordance with the sentencing criteria * the range of the recommended punishment [the scope of the recommended punishment] Class 1 Crimes (Special Intimidation) [the scope of the recommended punishment] 4 (Habitual Cumulative Cumulative Cumulative Cumulative Cumulative Cumulative Cumulative Cumulative............) the mitigated area (4 months to 1 year), the mitigated area (special mitigation) / [the scope of the recommended punishment] * the mitigated area (1 month to 6 months) of the mitigated area (1 month, property damage, etc.) / the final sentenced amount due to the aggravation of the aggravated punishment of the multiple who are not subject to the aggravated punishment: April to January 1:

3. The fact that the Defendant was punished several times for a crime of the same or similar kind of crime, while the fact that the Defendant’s decision of sentencing is excessively excessive that may cause a fatal result to his family members who must be the most severe, and that the crime is not good by intimidation, is disadvantageous to the Defendant.

However, the defendant reflects the past wrong attitude of living, the wife and the victims of the victim who are his/her father and son want to have the defendant enjoy an opportunity to lead a normal family life, and the defendant has no criminal record to observe the protection in consideration of the favorable circumstances.

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