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(영문) 광주지방법원 2017.05.25 2017고단938
특수협박
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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 February 9, 2017, around 03:24, the Defendant: (a) boarded the victim D (32 tax) (S) on the back seat of E-si in Gwangju Mine-gu, Gwangju, and went into his residence, and (b) on the ground that the victim was wrong, the Defendant threatened the victim with the transition (29.5 cm in total length, 17.5 cm in length, 17.5 cm in length, and No. 1 cm in length) on the part of the damaged party. The Defendant threatened the victim on the front seat of the E-si in Gwangju Mine-gu, Gwangju, for the reason that the victim was in his/her dwelling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] types 4 (Habitual, repeated, and special intimidation) (4 months to 1 year) and the area of mitigation (4 months to 1 year) (special mitigation factors) and no penalty is imposed;

2. Determination of sentence of imprisonment with prison labor shall be made by taking into account the fact that the person is already subject to a fine one time due to special intimidation, and the execution of the sentence shall be suspended by taking into account the favorable circumstances, such as the fact that the victim does not want the punishment, and that the defendant has no previous conviction and has led to the confession of the crime, and that the confession is against the mistake;

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