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(영문) 춘천지방법원 2017.06.13 2017고단301
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

However, the suspension of the above sentence for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special intimidation: (a) around 00:30 on April 1, 2017, the Defendant took an attitude that would inflict any harm on the body of the D, on the ground that the victim D (32) who is the employee of the said main store was prevented from avoiding this disturbance, and discharged out, at the “C” club located on the third floor of Switzerland B, Chuncheon, B, and on the ground that it was produced out of the outside, the Defendant was trying to keep the victim out of cement block (10cm in length).

Accordingly, the defendant carried dangerous objects and threatened the D with them.

2. The Defendant damaged the property at the above time and place, for the foregoing reasons, the victim F owned market value in front of the “E” was 20,000 won by raising plastic chairs on the floor.

Accordingly, the defendant damaged the above F's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the D and F

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) and 366 of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are favorable sentencing factors such as the confession of the instant crime, the fact that there has been no agreement with the victim, and the fact that there are many violent criminal offenders, etc., taking into account each other unfavorable sentencing factors such as the Defendant’s age, sex behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the sentence as set forth in the Disposition shall be determined by taking into account all other circumstances, including the following:

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