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(영문) 인천지방법원 2016.03.25 2016고단898
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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 is a customer and the victims are D main employees located in the Nam-gu Incheon Metropolitan City C.

1. A special intimidation: (a) around October 10, 2016, on the ground that the service of the victim E (V, 22 years old) who is an employee at the above D’s main point is not in mind, the Defendant took two weeks (R&B; B; 8cm wide, 20cm long, 20cm long) that are dangerous objects in the future on the opening of the victim, and “I am amh, I amh, and amh amh.”

The victim threatened the victim, as the victim's body is threatened, such as getting off or trying to do so.

2. The Defendant: (a) reported the Victim F (V, 29 years old) this 112 report at the same time and at the same place as the above paragraph 1; and (b) reported the Victim F (V, 29 years old); and (c) assaulted the Victim, i.e., “I am 112 reported in the instant weather year,” and “I am humbling the Victim with a humf while taking the humf as a hand, and

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F and E respective Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (special intimidation, choice of punishment by imprisonment) of the Criminal Act concerning the crime, and Article 260(1) of the Criminal Act (the point of assault and the choice of punishment by imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and order to attend lectures and the order to provide community service;

1. Special intimidation [Scope of Recommendation] Type 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) basic area (from June to June) / None of the special sentencing factors (a person who is subject to special sentencing)

2. Violence (Scope of recommended punishment) No. 1 category (general assault) area (from February to October) of the basic area (any person who has no special sentencing factors).

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to one year.

4. That the decision of sentence is against the defendant and all of his crimes are recognized, and that the degree of damage suffered by the victims is very serious;

The defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. are difficult to see.

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