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(영문) 대전지방법원 서산지원 2018.02.08 2017고단904
특수협박
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 11, 2017, the Defendant: (a) taken a kitchen-type one square meter (mix 36 years old) with a dangerous object under the influence of alcohol in the vicinity of the D convenience shop located in Seosan-si, Seosan-si; (b) taken a kitchen-type car on board by the victim E (the victim, 36 years old); (c) taken a different way, threatened the victim, such as taking a two-way window of the front window of the driver’s seat, which the victim was seated with the kitchen-type, over about 10 times.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Photographss related to the case, CCTV images, and CCTV photographs inside convenience stores;

1. The defendant's motion picture used for committing the crime [the defendant's motion picture is denied, but the crime can be established according to the above evidence, and the defendant's motion cannot be accepted]

Application of Statutes

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The basic area (from June to one year and six months) of the 4 types of intimidation (Habitual, repeated, repeated, and special intimidation) is not good, and the victim seems to have suffered a considerable mental impulse.

The defendant must be punished corresponding to this.

The punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, background, means and result of the crime, and the circumstances after the crime.

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