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(영문) 대전지방법원 천안지원 2018.07.09 2018고단853
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around 06:0 on January 23, 2018, the Defendant: (b) laid away a dangerous object, which was located in the said business establishment, on the ground that the service was not in mind, and (c) threatened the victim D (n, 46 years of age) who is an employee, with the appearance of “copic death and discarded”, and (d) expressed the attitude that the victim could have been faced with the victim by gathering a fire extinguisher at home, which is a dangerous object.

2. At the time and place specified in paragraph 1, the Defendant damaged the said fire extinguishing machine by unloading a round of a round of 100,000 won in the market price owned by the victim D.

3. 모욕 피고인은 제 1 항 기재 일시장소에서 위 업소 종업원들이 있는 가운데 112 신고를 받고 현장 출동한 E 지구대 소속 경찰 관인 피해자 F에게 “ 씨 발 새끼야, 개새끼야, 씹새끼야, 좆이나 까 이 씹쌔끼야 ”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (D, G, A);

1. Complaint (F);

1. Application of statutes on field photographs;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (special intimidation), 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. The scope of sentencing recommended by sentencing guidelines for the reasons of sentencing under Article 62-2 of the Social Service Order Act, including the protection and observation, and the scope of sentencing [the scope of recommending punishment] under Article 62-2 of the Criminal Act, the scope of punishment [the scope of recommending punishment] under Article 62-4 of the Act on the Punishment of Terrorism [the scope of punishment for a person subject to special mitigation] under Article 4 of the Act on the Punishment of Terrorism [the scope of recommending punishment] under Article 62-4 of the Act on the Punishment of Specific Crimes [the scope of punishment for a person subject to special mitigation] under Article 62-2 of the Act on the Punishment of Specific Crimes [the scope of punishment for a person subject to special mitigation] [the scope of punishment for a person subject to special mitigation] under Article 1 of the Act on the Reduction of Punishment of Specific Crimes (the scope of punishment for a person subject to the punishment

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