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(영문) 춘천지방법원 강릉지원 2016.06.15 2016고단488
특수협박등
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

The defendant was living in a de facto marital relationship between the victim C (n, 78 years of age) and about 30 years, and was living separately from June 2015.

1. The Defendant committing a special intimidation finds the victim’s house located at the time of early 05:00 on December 2015, 2015, and finds it doubtful that the victim’s external appearance is doubtful, knife knife, which is a dangerous object directly produced and carried by the Defendant in his/her possession ( approximately 5cm in length, approximately 8cm in total length, knife knife knife knife knife knife knife knife knife knife knife kn

“Intimidating the victim”, the victim was threatened.

2. On January 1, 2016, the Defendant, at around 17:50 on January 1, 201, filed a dispute with the victim on the ground that the victim’s appearance is doubtful, on the ground that the victim’s appearance was doubtful, and on the other hand, attached “in any fluence.”

“Along with 37 cm in total, which is a dangerous thing in the form of sound, damaged by putting about 30,000 won of the market price on hand a plastic boomed with about 37 cm in volume.

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 C;

1. Police seizure records;

1. Photographss of each site and seized objects, and photographs of damaged objects;

1. The application of Acts and subordinate statutes to a investigation report (not attaching a written estimate for damage to property);

1. A point of special intimidation as stated in the relevant Article of the Criminal Act and the judgment of the choice of punishment against the crime: A point of destruction of special property as stated in Articles 284 and 283 (1) of the Criminal Act: Articles 369 (1) and 366 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes as provided for in a special intimidation with more severe punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of applicable sentences] Imprisonment for one month to ten years (the sentence shall be sentenced.).

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