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(영문) 대구지방법원 경주지원 2016.06.29 2015고단880
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

Punishment of the crime

1. On July 5, 2015, at around 01:20, the Defendant damaged part of the above glass wall so that the market price is KRW 6.50,000 of the cost of repair due to the fact that the apartment room in the “Del” camera located in Sin-si on the ground that the apartment room was wraped with an emergency hand, etc., which was located there, and that the apartment was loaded on the front glass wall, and the Defendant destroyed part of the said glass wall so that the amount of repair cost is 6.50,00 won.

2. On July 5, 2015, at around 02:51, the Defendant reported to the police at the time at the same location as the foregoing paragraph 1, and reported to the police, the Defendant used a knife (the knife knife 30cm in length) of the frequency, which is a dangerous object, and used the knife in the knife knife knife knife knife knife knife knife knife knife E

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes on site photographs, CCTV closure photographs, CCTV video-recording photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283 (1) (special intimidation, choice of punishment by imprisonment) of the Criminal Act, and Article 366 of the Criminal Act (the point of destroying property and the choice 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Crimes of destroying property (the scope of recommended sentences) and general standards for crimes of damaging property shall be one month to six months (special mitigation areas) (special mitigation areas). Punishment costs are not imposed;

(b) Special intimidation [Scope of Recommendation and Punishment] Crimes of Intimidation (Scope of Intimidation). From 6 months to 1 year and 6 months (basic area) of imprisonment for a crime of Intimidation (Habitual, Habitual, Cumulative, Special Intimidation)

(d) Scope of modified sentence of recommendation: Imprisonment for up to six months up to one year and nine months; and

2. Although the nature of each of the instant crimes in light of the method, motive, etc. of each of the instant crimes, the Defendant is against the Defendant, and the Defendant agrees with the victims.

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