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(영문) 광주지방법원 해남지원 2018.04.05 2018고단18
협박등
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 July 27, 2017, at around 12:35, the Defendant: (a) stated that the victim was winded at the residence of the victim C (n, 47 years old); (b) stated that “X-year A, X, A, X-year Apherb?” (i) tightly tightly less part of the victim’s neck with the hand floor, and (iii) lid of the sewage hole, which is an object dangerous at the front end of the house, was flicked by the victim, and flick lid (the thickness of 3cm, diameter of 16.5cm, flick material) and flicked the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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 [the types of determination] Crimes of violence: The area of mitigation [the area of mitigation] (the area of special mitigation [the scope of recommendation] of punishment non-members [the area of punishment] of punishment for crimes of six types (Habitual, repeated crime, special violence]: April to February;

2. In light of the fact that the Defendant committed the instant crime even though he/she had been subject to punishment several times due to violent crimes, it is necessary to punish the Defendant solemnly.

However, the defendant's error is recognized and reflected in all, and the defendant's original agreement is made with the victim, the degree of violence, and all other circumstances shown in the trial process of this case shall be determined as the same as the order.

Rejection of Public Prosecution

1. The summary of the facts charged was that the Defendant maintained a marital relationship by married with the victim C (math, 47 years of age) around 2003. From October 2016, the Defendant began to separate the victim from the victim. On September 2017, when the victim pays 40 million won to the victim as consolation money in return for divorce by agreement around September 2017, the victim was dissatisfied with the fact that the victim did not immediately complete the payment in return for the victim’s payment in return for the full payment.

A. The Defendant left on September 17, 2017 before around 22:50.

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