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(영문) 광주지방법원 2018.09.20 2018고단2617
특수협박등
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

1. Damage to property;

A. On May 13, 2018, the Defendant damaged the victim’s property, such as destroying the victim’s property by putting the victim’s property at the C office’s adjacent restaurant located in the Namyang-gun B at around 13:00, an electronic siren in an amount equivalent to KRW 100,000, the market price of which is owned by the victim D, the table table in an amount equivalent to KRW 100,000,00, the market price of which is equivalent to KRW 300,000,000.

B. On May 26, 2018, at around 01:00, the Defendant damaged the victim’s property equivalent to KRW 185,000 in total at the market price, such as destroying the book glass, table glass, telephone, and receipt boxes owned by the said victim on the floor.

2. Special intimidation;

A. The Defendant, at around 00:00 on May 26, 2018, at the above C Office, and at the victim E (V, 54 years of age), “the death shall be discarded.”

The term “the victim” refers to a person who is a dangerous object, and thereby threatened the victim, such as threatening the victim.

B. On May 26, 2018, the Defendant: (a) around C, around 13:30, 2018, citing a knife knife for tools, which is dangerous articles possessed by the above office (9cm in length); and (b) “The knife knife” to the above victim.

If you do not, they will throw away the chroding chroding, which customers are silent, and thrown away, and die.

“The victim threatened” and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, G, H, and I;

1. A protocol of seizure and a list of seizure;

1. Goods, photographs, video materials, etc. damaged;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (the point of each special intimidation), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, crimes Nos. 1 and 2 (crimes) [Scope of recommending punishment] 4 types of intimidation (Habitual, Cumulative, and Special Intimidation) (4 months to 1 year) (person subject to special mitigation).

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