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(영문) 광주지방법원 순천지원 2016.06.29 2016고단356
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 16:35 on February 22, 2016, the Defendant, under the influence of alcohol at C clothes stores located in the Simhman City B market, was in possession of the victim D (C) for refusing to refund the clothes purchased from the above store, and was in danger of refusing to refund the clothes purchased from the above store (Chin 41). The Defendant sounded the victim, “this ring, killed, discarded, and compensated.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant Article of the Criminal Act and Articles 284 and 283(1) of the Criminal Act concerning the selection of criminal facts;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the type of judgment / [special intimidation] mitigated elements of punishment / [the scope of recommendation] mitigated elements / [the scope of recommendation] mitigated / 1 year from April to 1 year [the scope of recommendation] confession and reflects by the defendant, the victim does not want punishment, the victim does not want punishment for the past 10 years, and other favorable circumstances, such as the defendant's age, sexual behavior, and circumstances after the crime, etc., the sentence shall be determined as ordered in consideration of the sentencing conditions indicated in the records.

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