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(영문) 전주지방법원 남원지원 2018.06.26 2018고단69
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

1. A special intimidation: (a) around 16:00 on December 24, 2017, the Defendant was found at the house of his pro rata victim C (57 taxes) located in Namwon-si B; (b) was released by 2 beer clicks, a dangerous object of which he had been placed in the ma while disputing the repayment of the obligation to the financial institution, including the Defendant’s native agricultural cooperative, etc.; and (c) was disputing the repayment of the obligation to the Defendant, and (d) was broken down.

“In the end, the victim threatened the victim.”

2. In the time and place mentioned in paragraph 1, the Defendant: (a) laid a stone with a stone at the victim’s house; and (b) laid the back glass of the car at the victim’s seat and the front glass of the E-Poter cargo vehicle, the victim’s possession, which was parked therein; and (c) laid down the stone with a stone stone at the victim’s front glass; and (d) broken the glass door.

Accordingly, the defendant damaged the property owned by the victim so that the sum of repair costs is about 420,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of statutes, such as site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283 (1) (special intimidation, choice of punishment by imprisonment) of the Criminal Act, and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is added up for concurrent crimes with severe special intimidation (to the extent that the punishment is added up for the long term of both crimes)];

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Application of the sentencing criteria;

(a) The type 4 (Habitual, Cumulative, and Special Intimidation) of the crime of intimidation in the holding [type] and the mitigated element of punishment (person who is subject to special sentencing]: The mitigated range of punishment [decision in the sphere of recommendation] [the scope of recommendation] mitigated range of punishment [the scope of recommendation] - 4 months to 1 year;

(b)the general criteria for the destruction of property as indicated in the judgment.

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