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(영문) 광주지방법원 해남지원 2018.01.11 2017고단448
특수협박
Text

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

The defendant is a seafarer of C in China as a ship of Chinese nationality.

1. On August 20, 2017, the Defendant was on the sea near the outer year of Boan-si around 04:20 on August 20, 2017

C On the ground that the above C's captain D ( South, 58 years old) was unable to work properly and the Defendant was cruel, the victim threatened the victim in front and rear as well as the victim was 11.5cm in length and 10cm in length on the ship.

2. The Defendant, at the Defendant’s accommodation located in 11:30 on the same day, Chungcheongnam-gun Etha, Chungcheongnam-gun, Chungcheongnam-do, and Dong 302 on the same day, she is getting aging and aging by multiplying the Defendant’s accommodation.

n. n.

“The victim threatened the victim in front and rear by putting the knife knife (12.5 cm in the omn length, 21 cm in the length of day) which is a dangerous object, and threatening the victim as the victim flife in front and rear.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

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

1. A place for operations to be submitted by victims;

1. Application of suspect photographs, field photographs, and Acts and subordinate statutes to a witness submitted by the F;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

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) Each special crime of intimidation [the scope of a recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the four types of intimidation (Habitual, repeated crime, special intimidation)

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months up to two years and three months;

2. The Defendant, having carried a knife, which is a dangerous thing, threatened the victim.

Since the crime of this case was likely to cause more severe damage, the crime of this case is not suitable for its nature.

Considering the fact that the defendant did not receive a letter from the injured party, it is necessary to punish the defendant strictly.

(b).

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