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(영문) 부산지방법원 서부지원 2017.10.17 2017고단974
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 12, 2016, the Defendant was sentenced to six months of imprisonment by the Busan District Court for interference with the execution of official duties, and completed the execution of the sentence in the third intersection of the North Korean Peninsula on February 10, 2017.

[2] On August 13, 2017, the Defendant: (a) around 13:55 on August 13, 2017, in order to find out the lost mobile phone and the wallet from the Defendant’s prior to the Busan Seo-gu D Victim E (FE) operation, the Defendant leased a mobile phone to the elderly who was seated in the surrounding sperm, but the elderly did not lend a mobile phone to the Defendant under the influence of alcohol; (b) on the ground that the elderly did not lend a mobile phone to the Defendant, the victim who was in the above-mentioned store did not use a mobile phone but did not use a mobile phone; (c) was flicked in the front of the entrance door, and broken off on the floor, and flicked the shoulder, which is a dangerous object, and flicked, and moved into the cell phone, changing the victim’s body, and doing so, doing so by doing so and doing so beyond the victim’s hair.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigative report (Attachment of Table 112 to Report Processing);

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of criminal history, etc.);

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines is mitigated from four types of intimidation (Habitual, repeated, and special intimidation) (4 months to one year), the area of mitigation (4 months to one year), the area of punishment is not subject to punishment (including serious efforts to recover damage), or considerable damage is recovered;

2. The crime of this case on the ground that the sentence of this case does not constitute one’s own demand.

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