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(영문) 광주지방법원 2018.05.31 2018고단1310
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is a male-gu with the victim B (V, 35 years old), is the victim's hedging.

On March 14, 2018, at around 21:30 on March 14, 2018, the victim waiting for the victim in the vicinity of the victim's house located in Seo-gu, Seo-gu, Seo-gu, Gwangju, and the victim waiting for the victim, waiting for the victim, opened the entrance door and intrudes the victim's house into the house with his own self-fashion and fashing the victim's house.

Then, the defendant again demanded that the victim meet again, but the victim was able to not divide the defendant's talk while refusing to do so, and the victim was able to do so.

Hand-phones and those living in the same manner as the victim have taken the floor by cutting the Hand-phones;

D It is intended to throw away the kitchen kn't from the house, and the kitchen kn't bet the kitchen kn't bet in the face of the defendant's times.

The sound threatened the victim.

Accordingly, the defendant invadedd the victim's residence and threatened the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on blades used at the time of intimidation;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

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

1. In order to take into account the following factors: (a) the Defendant’s reasons for the sentencing of Article 62-2 of the Criminal Act, including: (b) one time before and after having been sentenced to imprisonment; (c) three times before and after having been sentenced to a fine; and (d) the fact that the nature of the offense is not good in light of the applicable criminal law; and (c) the Defendant is led to confession and reflect of the offense; (d) the agreement with the victim; and (e)

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