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(영문) 대전지방법원 논산지원 2017.03.21 2016고단692
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, after being assaulted by the Victim C (61) who was sexually boomed by the Eastern Line C (61) for about twenty (20) years, she would be able to take the victim’s desire from the “E D” located in the Madern-si, Madern on October 31, 2016, and she would be able to kill the victim’s family in the face of the dangerous object in possession, and she would be able to kill the victim’s family even after having her internal imprisonment with prison labor.

The term "the victim threatened the victim as if he/she would inflict any harm on the victim's body."

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act requires a strict punishment due to the nature of the crime and the poor circumstances of the crime by putting excessive victims in the item of the victim who was in possession of the Defendant and threatening the victim.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case, such as the fact that the defendant reflects the defendant's mistake, the fact that the defendant agreed smoothly with the victim, the record of the suspended execution of the defendant's punishment was 14 years ago, and the defendant's age, sex, environment, criminal records, criminal records, criminal records, circumstances, methods of the crime, and circumstances after the crime.

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