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(영문) 전주지방법원 2016.02.16 2015고단2125
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant damaged property at around 03:00 on November 21, 2015, the “D’s main point of the Victim C’s Operation in Masan-gu, Masan-gu, Masan-si.” The Defendant collected the victim’s plastic tables and chairs, etc. located in that place on the ground that the victim asked the victim to “if the wife goes back, and if the wife arrives, the wife would be asked to be asked to be paid off,” but the victim did not speak the Defendant, and the Defendant was faced with the Defendant’s wife.”

As a result, the Defendant destroyed the victim's market price of approximately 15,00 won, such as 1 plastic tables and 2 plastic chairs with a market price of KRW 10,000.

2. Special intimidation: (a) at the time, time, and place indicated in the preceding paragraph; (b) the victim C (n. 44 cc.) expressed that “The head of our house was responsible for the failure of the family because the head of the household collapses due to the knb knb kb,” and (c) the kitchen, which is a dangerous thing in the kitchen located in the kitchen, was 29 cm in length and 42 cm in length, and thereby threatening the victim by doing any act that seems to inflict harm on the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Reports on internal investigation and investigation reports (in relation to calculation of the amount of damage caused by damage to property, listening to statements by victims' telephone recording, confirmation of threats to kls, penalty not to be imposed);

1. A protocol of seizure and a list of seizure;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs and photographs at the scene of crime;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), Articles 284 and 283 (1) (the point of special intimidation and the choice of imprisonment) of the Criminal Act concerning the crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of the sum of the long term of two crimes prescribed for a special intimidation heavier than the punishment)

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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