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(영문) 수원지방법원 평택지원 2017.01.05 2016고단1866
특수협박등
Text

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

The defendant is a de facto spouse of the victim B (n, 45 years of age).

The defendant, while taking meals with the victim, etc. in a restaurant near Asan-si, Asan-si, caused a dispute with the victim on the ground that he/she had a bodily contact with the victim.

1. On August 28, 2016, the Defendant damaged property: (a) around 17:00 on an Asan-si-si, In the front of a factory in the Indian Industrial Complex, the Defendant: (b) took out the mobile phone that the victim would record his/her conversation; (c) laid out his/her mobile phone; and (d) laid out one mobile phone phone of an amount equivalent to KRW 250,000 at the market price, which is owned by the victim, on the floor.

Accordingly, the defendant damaged the victim's property.

2. Special intimidation: (a) on August 28, 2016, the Defendant: (b) received from the Defendant’s inside the Defendant’s residence located in Pyeongtaek-si C, “hing, going to the end, going to the end, and going to the end; and (c) received from the Defendant.

The term "the deceased," and "the knife knife knife knife knife knife knife knife knife knife knife knife knife knif

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Seizure records;

1. Application of Acts and subordinate statutes to victim and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Articles 366 of the Criminal Act, and Articles 284 and 283 of the Criminal Act, the choice of imprisonment with labor;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The sentence of imprisonment is to be imposed in light of the fact that there is a history of having been punished several times as an act of violence for the reason of sentencing under Article 48(1) of the Confiscation Criminal Act and a disposition of suspension of indictment, and that the nature of the crime is not good and that there is a need to prevent re-offending.

However, the victim wants to take the defendant's wife, and the defendant commits the crime.

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