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(영문) 광주지방법원 2017.02.24 2016고단5261
특수협박등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

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

Reasons

Punishment of the crime

1. A special intimidation: (a) on July 15, 2016, the Defendant driven a rocketing taxi around 22:40, and went through a four-lane, one of the five-lanes on the apartment complex south Jeju-ro 703, which runs along the 56-lane 153-ro, Gwangju Mine-gu, with the direction of the 703-dong apartment complex, along the direction of the 6-lane, from the direction of the apartment complex located along the 5-lane.

The Defendant, using the above taxi of the Defendant, the victim C (33) driven by the motor engine devices driving by the victim C (33) caused the occurrence of an accident by blocking the course of the bicycle of the victimized person, using the above taxi of the victim, who is a dangerous object by leaving the bicycle in front of the above taxi of the defendant.

2. The Defendant, at the time, at the place specified in paragraph 1, brought about approximately 2 weeks of cryp flaps with a large of 1m metal stick to the victim, which is a dangerous object that he was in possession of a flat, on the grounds as set forth in paragraph 1, on the part of the victim, with a hand flapsing the victim, and with a hand flapsing the flaps, thereby causing approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C, and statement made by the police against D;

1. A medical doctor E's injury diagnosis report (C);

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a special intimidation and choice of imprisonment), Articles 258-2(1) and 257(1) (a) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of six months to seven years and six months;

2. As set forth in the sentence, the following circumstances and the age, sex, environment, family relationship, motive and motive of the commission of the crime:

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