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(영문) 의정부지방법원 2016.05.18 2016고합49
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

(a) pertinent Article of the Criminal Act and Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Articles 284 and 283(1) (the point of special intimidation and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long term of two crimes prescribed by a special intimidation heavier than punishment);

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act) is that the crime of special intimidation in this case was committed while under the influence of alcohol by the Defendant, while committing violence against another person, taking the risk of having been kept in one’s own vehicle, and thereby making intimidation is disadvantageous to the Defendant in light of such risk.

However, the fact that the defendant fully recognized each of the crimes in this case and reflects the fact that the victims cannot be deemed to have actually suffered serious damage due to each of the crimes in this case, that the defendant agreed with the victim of a special injury more severe than the punishment in each of the crimes in this case, that the suspension of execution or there was no criminal record for the same kind of crime, and that there was no record of criminal punishment since 2001.

These circumstances and the motive, means, and result of each of the instant crimes, all of the sentencing conditions shown in the records of the instant case, including the circumstances after each of the instant crimes, Defendant’s age, environment, and sexual conduct, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court (from April to May 1)

1. Special intimidation: The group of violent crimes, intimidation, type 4 (special intimidation for repeated crimes), the area of mitigation (special mitigation: Non-won of punishment), and four months to one year;

2. Crimes of violence: The scope of recommendations in accordance with the standards for processing multiple crimes, including the group of violent crimes, assault crimes, first type (general assault), basic area, second class to October 1: Imprisonment with prison labor, from April to May, and the standards for probation (affirmative for reasons: non-compliance with punishment). It is so decided as per the Disposition.

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