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(영문) 대전지방법원 천안지원 2018.07.13 2018고단544
특수협박
Text

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

At around 00:00 on January 16, 2018, the Defendant collected beer’s disease while drinking alcohol together with strings, such as the victim D (54 taxes and souths) while drinking alcohol, and broken the beer’s disease, which is a dangerous object, and threatened the Defendant with the thring of the victim, by taking the breath of the shoulder, as his hand, and by taking the breath of the breath’s body, the Defendant breath of the breath’s breath, which is a dangerous object, and by taking the breath’s breath’s breath, and by taking the breath’s bath.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) and the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the facts leading up to the instant crime and the form of the instant act, danger, etc.; (b) the Defendant has been subject to punishment several times of violent crimes; (c) the Defendant confessions and reflects the instant crime; (d) the Defendant was smoothly agreed with the victim; and (c) the Defendant appears to have a tendency to mainly commit violent violence; and (d) other circumstances revealed in the records and theories of the instant case, the sentence shall be determined as ordered by taking into account all circumstances.

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