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(영문) 부산지방법원 2017.02.03 2016고단5552
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 7, 2016, the defendant was sentenced to a suspended sentence of two years for eight months in prison by interfering with business affairs at the Busan District Court, and the same year.

4. 15. A person for whom the judgment became final and conclusive (Provided, That the suspension of execution was revoked thereafter). The Defendant received a frequent claim from neighbors, such as the victim D (52 years old, South and North) who was living in the next house, when drinking in his own dwelling area of Busan East-gu C and 102.

On May 1, 2016, the Defendant: (a) committed an act of disturbance, such as drinking alcohol, drinking in a house, opening a watcher, etc. in his residence; and (b) obstructed the victim’s string back; (c) interfered with the victim’s shield, which is a dangerous object on one’s house, in his house, and a hacker (the total length of 12:15cm) and an empty knife’s disease, and attempted to go against the victim’s head. (d) On one occasion, the Defendant cut off the hack and flife food inside the container; (d) fliffed the victim’s flick, flicked the victim’s flick, kneed the victim’s blaf, kneed the victim’s kne, kneed the victim’s knee, kneing it into knee three times.

As such, the Defendant carried dangerous objects and threatened the victim with intimidation, and led the victim to light salt that requires treatment for about two weeks.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each statement protocol with D;

1. A medical certificate of injury, or part of a victim's photograph;

1. Application of Acts and subordinate statutes to the investigation report (a wooden statement);

1. Relevant Article of the Criminal Act, Articles 284, 283(1), and 257(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. Crimes 1 of the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of recommending] Crimes 2 of the basic area (from June to one year and six months) (the scope of recommending punishment) of Article 37, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 50, the basic area (from April to one year and six months) of the Act on the Aggravated Punishment of Crimes (the scope of recommending punishment) (the person who has no person subject to special sentencing).

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