logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2019.05.09 2018고단396
특수협박등
Text

A defendant shall be punished by imprisonment for four 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

1. On September 16, 2018, around 02:40 on September 16, 2018, the Defendant: (a) under the influence of alcohol on the ground that the victim D(27 years of age) and the victim E(27 years of age) were replaced by the Defendant; (b) expressed the victim’s desire to “influence,” indicating the victim’s disease, which is a dangerous object cited by the victims; and (c) reported the victim E to the police; and (d) threatened the victim E with the victim’s disease by taking the victim E.

2. The Defendant, at the time and place described in Paragraph 1, assaulted the victim E's chest part of the victim D's chest part by drinking for the foregoing reasons, and prevented the victim E, thereby assaulting the victim E's buck part of the victim E once.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on each legal statement of D and E;

1. Relevant provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

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

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and the basic area of repeated crimes and special intimidation [the scope of recommending area and recommending punishment], and April through June;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] general violence [referring to the sphere of recommendation and the scope of recommendation] basic area, two months to ten months of imprisonment; and

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months to not more than one year;

3. The conditions under which the sentence is determined, and other ages, occupations, character and conduct, family relations, and the conditions before and after crimes.

arrow