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(영문) 광주지방법원 순천지원 2016.08.25 2016고단223
특수협박
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

On February 2, 2016, the Defendant, at around 13:25, filed a civil petition to request the disposal of a vehicle which has been abandoned for a long time in front of his/her house by telephone, at around 13:25, with a view to not directly searching for a person in charge of civil service who received a civil petition and not verifying the details of the civil petition filed by himself/herself, even though he/she had already filed a civil petition several times.

The defendant entered a net traffic and traffic guidance office with a net view to 30,000 13:50 p.m. on the same day, and "whether or not the defendant has received a telephone prior to lighting."

"A victim C (Woo, 43 years old) who received a civil petition call while referring to a large amount of fluor, was found, and the victim D (48 years old) who is a woman and her woman, was entitled to sit in front of this office, and the knife (40 cm in total length and 20 cm in length) which is a dangerous object prior to preparation on the knife.

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48(1) of the Criminal Act of confiscation is that the crime of this case, while carrying the knife against the public official, is not good for the act of intimidation.

However, in consideration of the fact that the defendant has no criminal history of the same kind and the victims do not want the punishment of the defendant, the punishment shall be determined as ordered for the prevention of recidivism.

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