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(영문) 수원지방법원 평택지원 2016.06.16 2016고단205
특수협박
Text

A defendant shall be punished by imprisonment for six 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

At around 04:45 on December 27, 2015, the Defendant, while waiting as an agent at a hotel in Pyeongtaek-si B, demanded the victim D (5 years of age) working as the above hotel manager to take a bath, etc., and when the victim demands the victim to take out of the hotel, he/she collected the substitute seat (15cm in length, about 30cm in length, about 15cm in length, and about 30cm in length) which is dangerous things near the parking lot, and brought the above victim E (47 years of age) who observed this request, thereby threatening the above substitute seat to go against the victim E, and threatening the victim F (38 years of age) who is one of the above victims E, and threatened the above victim E with the above victim E with the front seat of the above vehicle, as the victim F (38 years of age) who was on board the vehicle.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D and E;

1. Application of Acts and subordinate statutes on the proxy photograph;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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

1. Determination on the application of the O sentencing guidelines for the reasons for sentencing under Article 62-2 of the Social Service Order Act: The scope of the applicable O sentencing guidelines recommended: Taking into account all circumstances, such as the following: the basic area (the fact that it was a contingent crime under the influence of O under the influence of six months or one year and six months), the fact that there was a large number of records of punishment due to alcohol, and the fact that the victims did not have serious damage;

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