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(영문) 울산지방법원 2017.02.14 2016고단4562
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Special intimidation Defendant is under trial by filing a claim for damages on August 9, 2016 against the victim for a de facto marriage reversal from around 2006 to the victim C (n, 47 years of age).

On July 16, 2016, around 00:09, the Defendant: (a) at the main point of “E’s singing,” operated by the victim, Ulsan-gu D, Ulsan-gu, Seoul-gu, 2016, the Defendant: (b) expressed the card to the victim; (c) took the two main disease, which is a dangerous object; (d) took the victim’s back to the hand; and (e) took the victim’s back to the two main disease, thereby threatening the victim.

2. At around 00:30 on July 16, 2016, the Defendant: (a) committed assault against the Victim F, an employee of singing out, who was an employee of singing out, in the course of having avoided a disturbance on the day referred to in paragraph (1); and (b) committed assault against the Victim by sing outing and cutting down the Victim’s timber in front of singing out.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to C, G, and F;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant Article of the Criminal Act and Article 284 and Article 283 (1) (2) of the Criminal Act concerning the facts constituting an offense: Article 260 (1) of the Criminal Act (the choice of imprisonment)

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the term of punishment aggregating the maximum term of both crimes subject to heavier special intimidation)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Group 1 Crimes (Special Intimidation) of the sentencing guidelines for the sentencing guidelines: No type 4 (Habitual Cumulative Offense, Cumulative Offense, and Special Intimidation) (the scope of the recommended punishment) (the person subject to special sentencing) is [the scope of the sentence] Imprisonment with prison labor for six months to one year and six months (the basic area)]. The mitigated element (the person subject to general sentencing]: The serious reflect [the grounds for suspended sentence] the grounds for suspended sentence are comprehensively compared and assessed - there are no other major reasons for suspended sentence - there are no adverse general factors for which there are no other reasons for suspended sentence - There are no adverse general factors for general consideration - There is no serious reflect or no criminal conviction above suspended sentence.

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