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(영문) 전주지방법원 군산지원 2020.04.01 2020고단24
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for eight months.

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

Reasons

Punishment of the crime

The defendant was aware of the victim B (n, 51 years of age) and from 2006, and was dead.

At around 18:10 on November 12, 2018, the Defendant inflicted injury on the victim's residence in the Yasan-si C apartment, on the ground that the victim does not have another male, and on the ground that the victim does not have a telephone, the victim's face was humpeded by hand, hump, hump, hump, and hump of the victim's side by hand.

On the other hand, the Defendant continued to threaten the victim by citing the transition ( approximately 23 cm in the total length, approximately 12 cm in the blade) which is a dangerous object in the main room, and by stating that the body of the victim would be "be dead."

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the internal investigation report (Evidence Nos. 35), excessive photographs, victim photographs, injury diagnosis reports, and copies of diagnosis reports;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Crimes No. 2 (Bodily Injury Decision) [No. 1] General Bodily Injury [No. 1] General Bodily Injury (Special Bodily Harm)] (the territory of recommendation and the scope of recommendations] basic area, imprisonment with prison labor from April to June 1.

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months from two years to three months (the upper limit of crimes No. 1).

3. Determination of sentence: Imprisonment with prison labor for a period of eight months or two years or more;

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