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(영문) 부산지방법원 2017.01.12 2016고단6304
특수협박
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2016, around 15:25, the Defendant 113 of the Victim C (Woo, 46 years old) apartment No. 113, the Defendant saw the view of the Defendant as a dangerous object, which was kept in the Defendant’s house, on the ground that the opening of the victim’s house No. 113, located in the front of the house No. 46 years old, was considerably obstructed, and used the view of the Defendant as if the Defendant were waiting for the victim with the above camping room, and as such, the Defendant “the victim is not a person for the time of launching, the width is not a person, but a string, and the dog is so bard;

Along with a large amount of 10 years from the reduction of her head and the reduction of her head, the 10-year from the reduction of her body, and the her behavior seems to cause harm to the body of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation Report (Special Intimidation), - Application of photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) and the selection of punishment for the crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances favorable to the defendant, such as the poor quality of the crime of this case and the fact that there are many criminal records of violence against the defendant: The defendant has committed the crime of this case in depth, the defendant has committed the crime of this case in contingent terms, the victim who is female was considered to have been able to have deducted the view of the defendant from the view that it would have been able to cause serious damage to the original victim, and there seems to have been no criminal conviction exceeding a fine for the last five years, and the punishment as the order shall be determined by taking into account each of the above circumstances, the age, behavior, environment, etc. of the defendant.

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