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(영문) 창원지방법원 2016.06.16 2016고단948
특수협박
Text

A defendant shall be punished by imprisonment for six 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

On March 30, 2016, around 18:05, the Defendant used a Dol (32 cm in length) that is a dangerous object at home (32 cm in length) in the situation where it was impossible to park due to an obstacle to the prohibition of parking set up by the victim D(W, 63 years of age) in front of the victim D(M, 63 years of age) located in the window C 1st floor of Changwon-si, Changwon-si, 2016, in his hand, the Defendant sawd the victim as a Doluri (hereinafter “E cafeteria”), which is a dangerous object in the situation where it was impossible

I would like to pose a threat, such as a shouldering a luxa, a luxa, a luxa, and a luxa.

Accordingly, the defendant threatened the victim with carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] : (a) the mitigated area (four months to one year), the mitigated area (including a person who has been subject to special mitigation), or where considerable damage has been recovered (including a serious effort to recover damage) of the mitigated area; (b) the crime is not less exceptionally committed in that the victim threatens a female who is a dangerous object, by taking into account the fact that the victim does not want to be punished against the defendant; (c) the defendant does not have any criminal record except for those sentenced twice to a fine due to a violation of the Road Traffic Act; and (d) the fact that health conditions have not been improved due to alcohol dependence, etc., the execution of the sentence shall be suspended in consideration of the following:

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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