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(영문) 수원지방법원 안산지원 2018.10.25 2018고단2758
특수협박등
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

The defendant and the victim B (n, 30 years old) are the legal marital relationship in preparation for divorce, and the victim C (n, 26 years old) is the family members of the victim B and the workplace.

1. Around July 28, 2018, the Defendant: (a) found the victim B on the third floor of the building D D in Ansan-si, an Ansan-si; (b) attempted to gather the chair who is a dangerous thing for the victim; and (c) threatened the victim by stating that “Cals, Sys, Sys, B, and B,” where the victim B was in force on the ground that he was not subject to telephone.

2. The Defendant threatened the victim on the ground that the victim C was present at the same time and at a place as above 1 paragraph, by stating that the victim C was present at the victim, and that the victim “on one occasion, no longer than once,” the victim’s injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to B and C

1. Relevant legal provisions of the Criminal Act; Articles 284, 283(1) (a) of the Criminal Act; Article 283(1) (a) of the Criminal Act; Article 283(1) (a) of the Criminal Act; and the choice of imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of the final sentence due to the aggravation of multiple offenses, without the basic area (the scope of the recommendation) of Category 4 (Cumulative Offense and Special Intimidation) (In April 1 to June), the basic area (the scope of the recommendation ] of the crime (the scope of the recommendation ] of Category 1 (Special Intimidation) (No person subject to special sentencing) (the scope of the recommendation / the scope of February 1 to 1 year) of the basic area (the scope of the recommendation / the special sentencing / the number of persons subject to special sentencing : April 2: 4 months to 2 years (the decision of the sentence] of the punishment, the fact that the defendant was sentenced to suspended sentence, the victims and the victims of the crime are committed against the defendant's wrong or the defendant's wrong, and all other favorable circumstances, such as the defendant's age, sex, environment, environment, how the crime was committed in this case, how the crime was committed, how the crime was committed, and other various conditions revealed in the oral proceedings of this case.

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