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(영문) 전주지방법원 2017.08.24 2017고단70
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 December 9, 2016, the Defendant paid the Si expenses on the ground that the Defendant would not repay the money between the neighbor E (60 years of age) and one month prior to the Plaintiff’s lending of 1 month, at the Yansan-gu Seoul Special Metropolitan City, Yancheon-gu, 106 Dong 203. On December 9, 2016, the Defendant was paying the Si expenses to the Defendant on the ground that the Defendant would not pay the money between the neighbor E (60 years of age) who was aware of that he was the neighbor.

“In doing a bath, I am booming the victim, which is a dangerous object on his books, and threatened the victim with a brush, which is a dangerous object on their side.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to report the occurrence of accidents and report internal accidents;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended punishment for the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the punishment [the scope of the recommended punishment] mitigated area of the punishment not falling under the category 4 (Habitual, Cumulative, and Special Intimidation) [the person subject to special sentencing] [the scope of the recommended punishment] from April to one year

3. In this case, a sentence of sentence is a case in which the defendant showed the attitude of threatening the victim as a dangerous object, and the method and content of the crime are dangerous, and the defendant repeats again even though he was punished several times for the same crime of violence, and thus, is disadvantageous to the defendant.

However, the fact that the defendant acknowledged the facts of the crime of this case, the fact that the defendant agreed to do so, and the fact that the victim was a recipient of basic living who borrowed 300,000 won from the defendant, and there are some parts to be taken into account in the motive and circumstance as the victim did not complete the payment

Article 51 of the Criminal Act.

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