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(영문) 춘천지방법원 2016.02.25 2015고단1356
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

1. Damage to special property;

A. On September 27, 2015, around 18:35, the Defendant damaged the victim C’s special property, on the front road of the “E” operated by the Defendant located in Chuncheon City D, and without any reason, when under the influence of alcohol, the Defendant broken off the Defendant’s front glass of the F carone vehicle owned by the victim C (V, 47 years of age) by breath (20cm in length) without any reason.

Accordingly, the defendant carried dangerous goods and damaged the victim's property whose market price is unknown.

B. The Defendant damaged the victim G’s special property at the above time and place, which was continuously parked in the vicinity, left the HM5 vehicle owned by the victim G(333) to a chemical, a dangerous article behind the HM5 vehicle.

Accordingly, the defendant carried dangerous goods and damaged the victim's property whose market price is unknown.

2. Special intimidation: (a) the Defendant continued to use the victim I (37C) and the victim J (26C) in the above date, time, place, and the victim J (26C) with the victim’s improved (28Cm in length) which is a dangerous object; and (b) the victims stated that “n't she will see and die two hings, and die.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366, 284, and 283(1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment for 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. While the evidence No. 1 of Article 48(1)1 of the Confiscation Criminal Act has been seized, the Defendant is also subject to improvement at the time of the police and the prosecution investigation.

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