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(영문) 창원지방법원 2016.09.28 2015고단2991
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 47) are currently in a divorce lawsuit due to the indemnating family between the legal couple.

When the defendant offered 103 dong 1303 apartment units in the window of Changwon-si, which had been the defendant's dwelling in the front time, as security, and the auction procedure for the above apartment units is in progress on the wind that could not be repaid after having received the loan, the victim seized the dividend amount.

1. A special intimidation Defendant: (a) after the Changwon District Court located at 19, 689, a 689-gil, Changwon-si, Changwon-si, Changwon-si, Changwon-si, on September 7, 2015, called a seizure pool by the court against the victim in front of his/her house.

As the victim was refused to do so during the demand, the victim cited a stone for construction work, which is a dangerous object in the surrounding area, and the victim threatened the victim with the victim's hair. Chewing year, "I am" and "I am the victim's hair."

2. The injured defendant does not have a victim at the time and place specified in paragraph (1) with the court.

For the reason of this, the victim's head was 3-4 times, boomed the victim's head, and breathddd the victim's breath, and the victim was injured by a breath and a breath, which requires approximately 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the victim's photographs and written diagnosis of injury;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) and 257(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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. The crime of Article 62(1) of the Act on the Suspension of Execution is final due to the aggravation of the two crimes, for which the basic area of Article 62(1) of the Criminal Act (the scope of a recommendation / [the scope of a recommendation / [the scope of a recommendation ] of Article 62(2) of the Act on the Suspension of Execution (the scope of a recommendation / [the person who is subject to a special sentencing] of Article 62(1) (the scope of a recommendation / [the person who is subject to a special sentencing] of Article 62(4) of the Act on the Suspension of Execution is nonexistent.

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