(영문) 수원지방법원 안양지원 2016.04.15 2016고단238

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(영문) 수원지방법원 안양지원 2016.04.15 2016고단238

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 February 24, 2016, on the ground that the Defendant did not repay the money borrowed by the Defendant in front of the “D” operated by the Defendant in Ansan-gu, Annyang-gu, Annyang-si, Annyang-si, on February 19:10, the Defendant, while doing a dispute with the victim E on the ground that he did not repay the money, he did so, with his left hand, and led the victim into the Defendant’s seat, and caused the victim into the Defendant’s seat, and then he did so, he did so by gathering excessive amount (25 cm in length, 13 cm in length) which is a dangerous object in the Defendant’s seat.

In other words, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Protocol of seizure (126 pages of evidence records);

1. Application of CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [the types of decisions] violent crimes, intimidations, and Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation) [person subject to special sentencing] mitigation elements: Non- sources of punishment (the area of recommendation and decision of a punishment), mitigated area of punishment (the area of recommendation and decision of a punishment), four months to one year;

2. Not only is the nature of the crime committed by the Defendant who was sentenced to the sentence is not good, but also it cannot be sufficiently punished against the Defendant in that the Defendant attempted to destroy evidence after the crime.

However, considering the fact that the defendant recognized the crime and commits a mistake, the fact that the injured person does not want the punishment of the defendant in agreement with the injured person, etc. in favorable circumstances for the defendant, and other factors, such as the circumstances leading the defendant to commit the crime, the age of the defendant, sexual conduct, environment, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of this case

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