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(영문) 대구지방법원 경주지원 2017.02.15 2016고단629
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. On August 1, 2016, the Defendant damaged the victim’s knife with knife (45cm in length) the knife, which is a dangerous thing (45cm in length) in front of the right side of the knife of the knife of the knife owned by the victim D, and continuously damaged the market price by continuously entering the said vessel and leaving the knife structure of the inside structure of the said vessel owned by the victim B in hand and then destroying the knife structure of the knife at the market price.

2. A special intimidation Defendant: (a) destroyed the vessel, etc. and discovered the victim E (45) who is the captain of the vessel’s office located in the project for the South-North Korea Port Twit-si, Young-si, Young-si; and (b) the victim would have to die “one of the two times today.”

The victim threatened the victim by putting the above hand, which is a dangerous thing, and putting the victim a wall, such as putting the wall on a water surface, leaving the wall several times and leaving the wall on the ground floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Examination of evidence, records of seizure, list of seizure, tea inquiry, application of vessel inquiry legislation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of imprisonment), 369(1), and 366 of the Criminal Act (the point of destroying special property and the choice of 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 suspended execution;

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

1. Application of the sentencing criteria;

(a) Crimes of special intimidation [Scope of the sentence of recommendation] Class 4 (Habitual, Cumulative, Cumulative Crime and Special Intimidation) (4 months to one year) in the mitigation area (special mitigation person]

(b) Crimes of destroying special property [Scope of recommended sentences] Habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.).

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