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(영문) 대전지방법원 홍성지원 2018.11.28 2018고단530
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

On April 20, 2018, the Defendant was sentenced to four months of imprisonment and two years of suspended execution due to a violation of road traffic law (unlicensed driving) at the Suwon District Court’s Pyeongtaek District Court on April 20, 2018, and the said judgment became final and conclusive on April 28, 2018.

The defendant is a person who resides in the family of the defendant in Chungcheongnam-nam Budget Group C with the victim D (V, 62 years of age) in a de facto marital relationship.

On April 4, 2018, the Defendant, at around 01:20 on April 4, 2018,: (a) the Defendant, at the Defendant’s house, she referred to as “the Defendant at home”; (b) the Defendant was unable to enter the Defendant’s house without opening the entrance; (c) was under the influence of alcohol, and (d) the Defendant she was frightened to the Defendant at the intervals of the Defendant; (d) the Defendant she was frightened to the Defendant, and (e) the Defendant was frighted to the Defendant, and (e) the Defendant was her

The victim threatened the victim, considering the same attitude that he / she was able to put the body of the defendant into the inner bed and the inner bed of the defendant.

Accordingly, the defendant carried a dangerous thing, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. On-site photographs;

1. Previous convictions in judgment: Application of the provisions of subparagraph (A) of a written inquiry about criminal history, such as a copy of the judgment;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances considered as the reasons for sentencing shall be considered):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order is a threat of the victim by spreading highly inflammable substances. In principle, serious punishment is required in light of the following: (a) the risk of intimidation is extremely high; (b) violent crimes using dangerous articles against the same victim (pheringing clothes in verbal blades).

(b).

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