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(영문) 수원지방법원 2017.07.05 2017고단1474
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 9, 2017, the Defendant appears to have neglected the Defendant in the area heating construction site room located in Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-ri, a district heating construction site room, and on the ground that the victim B (23 tax) who was an employee who was engaged in the electricity distribution work, appeared to have neglected the Defendant.

“Along with the victim’s face and neck as if the victim’s face and neck were bruted by industrial bags (18 cm in total, 8 cm in length) which are dangerous articles used by his hand while carrying on “A”, the above A was put up below.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement in B and C;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, committed the instant crime again despite the fact that around November 2014, the Defendant carried dangerous articles similar to the instant case and was sentenced to suspended execution, thereby committing the instant crime.

However, the circumstances of the instant case are considered as attributable to misunderstandings during the work of the same kind, and the victim did not want the punishment of the Defendant by mutual agreement with the victim, and the Defendant also has to make a confession, reflect, and not repeat the crime, and the punishment is determined as ordered by taking into account the following factors: the Defendant’s age, sexual conduct, means and consequence of the crime, and the circumstances after the crime.

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