logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.08.21 2018고단1678
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 18:40 on September 8, 2018, the Defendant: (a) reported that the victim D(58 years of age) in the corridor of the first floor B lending C, Sinpo-si, Mapo-si, Mapo-si, did a dispute with E, which is the Defendant’s seat; and (b) took hand hand hand hand hand ( approximately 36.5 cm in length, approximately 13 cm in length, about 9 cm in width) which is a dangerous object that was kept in the Defendant’s home at the Defendant’s home, which is a dangerous object that was kept in the Defendant’s home, and caused the damage to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the scene, seized articles, and photographs of damaged articles;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) of the Criminal Act that apply to criminal facts, the choice of punishment, and Articles 369(1) and 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes: Types IV (Cumulative Intimidation) (Special Intimidation) (Special Intimidation) mitigated elements: The area of mitigation of punishment (including serious efforts to recover damage) mitigated (including the area of recommendation and the scope of recommendation), the area of mitigation of punishment (including serious efforts to recover damage); two months of imprisonment or one year;

(b) Concurrent Crimes: Punishment 1 (Cumulative Offense, Special Destruction, Special Destruction, etc.) (Special Destruction, etc.) for the crime of special property loss: Where actual damage is insignificant (in the area of recommendation, scope of recommendation), mitigated area, and imprisonment with prison labor for one month or from August;

C. Scope of recommendations according to the standards for handling multiple crimes: One year, which is the upper limit of basic crimes between February and April.

arrow