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(영문) 대전지방법원 천안지원 2018.07.19 2018고단316
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 14:00 on August 22, 2017, the Defendant: (a) at the Defendant’s residence located in Asan-si, Asan-si; (b) on the ground that the Defendant did not provide an identification card or a written request for a short circuit without paying the electricity fee to the Korea Electricity Corporation, the victim E (50 cm) affiliated with D, a partner company of the said Corporation, the Defendant, the Defendant, should notify the Defendant of the short circuit. (c) On the front of the victim, the Defendant was able to move the 쇠 (120cm in length) which is a dangerous object in the front of the victim; and (d) on two occasions, the 쇠 (150cm in length), which is a dangerous object in the surrounding area, “I am away from the back of the dwelling area, I see that I am well without knowing that I am, I am see, I am, I am, I am am, I am, I am you am you see.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Complaint;

1. Investigation reports (Submission of a written request for short circuit of victim E), application of Acts and subordinate statutes on the request for short circuit of money;

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. In light of the method of the instant crime with the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution, the punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) the nature of the instant crime is extremely poor; (b) the recognition of a part of the Defendant’s crime; (c) there is no history of criminal punishment heavier than the fine; and (d) there is no history of criminal punishment heavier than the fine; and (e) the Defendant’s age, sex behavior, family relationship, home environment,

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