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(영문) 춘천지방법원 2016.05.17 2016고단219
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 24, 2015, the Defendant, within the main point of “D” located in Chuncheon City, 01:35, the Defendant, under the influence of alcohol, called “D” to the victim E (36 taxes) who drinks alcohol at the same place without any justifiable reason. The Defendant, as the Defendant refused to comply, she used the victim’s head with the victim’s care and boomed the victim’s face on two occasions by drinking, she depied the victim’s face by drinking, and threatened the victim with the beer’s disease, which is a dangerous object on his/her table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines [type of crime] and the scope of the recommended punishment [special mitigation elements] of types 4 (special mitigation elements] of intimidation (decision on the recommended sphere], and the period from April to one year (reduction area);

2. The criminal defendant who was sentenced to punishment several times by committing a violation of the Act on the Punishment of Violences, etc. in the past, and in particular, on January 16, 2014, was sentenced to imprisonment for 8 months by the Chuncheon District Court for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and was sentenced to a suspended sentence for 2 years on January 24, 2014, and the judgment became final and conclusive on January 24, 2014, and committed the instant crime in the course of the suspended sentence (Provided, That the period of the suspended sentence has expired as of the date of the sentence in this case), and is disadvantageous to the criminal defendant

On the other hand, it seems that the defendant has divided his wrong and reflects his wrong, and in particular, the fact that the injured party does not want the punishment of the defendant as the defendant agreed with the injured party was the factor of sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of this case.

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