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(영문) 창원지방법원 진주지원 2020.06.10 2020고단440
협박등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall reside in B apartment C at the time of Jinju, and the victim D (25 years of age) shall reside in E, the upper house of the defendant.

On January 1, 2020, around 00:11, 2020, the Defendant thought that the victim had caused inter-floor noise, and then, the Defendant saw that the victim had caused noise, then she saw it as a drinking and sprinking so that he sprinks and the portraits are sprinked, so that the victim sprinked, “I ambling,” “I ambas,” “I ambas,” and “I ambas, I ambas, I ambas, I ambas, I ambas,” and damaged the victim’

Accordingly, the defendant threatened the victim and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 Statement of handling reported cases, and application of Acts and subordinate statutes to photographs;

1. Relevant Article 283(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 286 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Intimidation) (Type 1), the basic area of intimidation, two months to one year;

(b) Group 2 crime (Destruction and Damage of Property) (Type 1), basic area, such as damage and damage of property, four months to ten months;

(c) Criteria for handling multiple crimes: Imprisonment with prison labor for a period from April to May;

2. It is determined that the victims of the determination of sentence have received a great mental impulse;

However, crimes are recognized.

In addition, the circumstances leading to the crime shall be considered.

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