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(영문) 창원지방법원 2017.06.28 2016고단3553
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[2016 Highest 3553] The Defendant, at the delivery center of B, was a D cafeteria located in Kimhae-si, on October 12, 2016, at around 20:05, in front of the D cafeteria located in Kimhae-si, around 19:30 on the same day, while he operated the otobs from the decentralization distance located in Kimhae-si, around 19:30 on the same day, the victim E (18 years old) who is the cause of delivery of the above D was in danger of accident, and the Defendant, on the ground that he, at the same time, acted to prevent the said D from being driven by the wind, such as the defect of bath theory, and the victim’s age, “D Do”, which is a dangerous object returned to and in the main place of B, was killed.

"Along with the strong attitude cited as "," the victim was threatened by the victim, such as the victim who gets away from the victim, and the victim was threatened.

[2016 Highest 3683] On August 24, 2016, at the front of the G convenience store located in Kimhae-si F around 17:20 on August 24, 2016, the Defendant was at the time when two persons, such as a taxi passenger I, are heard due to a sudden and obvious problem that the Defendant was faced with a taxi driving by the victim H on the wind of the immediately preceding active stalton and operating the stalob;

The guegument of “fegument” publicly insulting the victim.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Statement made by the police for E;

1. H’s petition;

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

1. Application of Acts and subordinate statutes on investigation reports (I'I' and currency for taxi passengers)

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution (The following extenuating circumstances are considered among the reasons for sentencing) / [a prosecutor is seeking confiscation for one seized main knife (Evidence No. 1). However, the prosecutor is above.

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