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(영문) 춘천지방법원 영월지원 2019.09.20 2018고단323
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. At around 17:40 on June 11, 2018, the Defendant: (a) threatened the victim B with the victim’s special threat: (b) on the ground that the neighboring victim B (58 years of age) was able to monitor and fright themselves; (c) on the ground that the victim B (58 years of age) was able to control and fright himself/herself; and (d) threatened the victim by threatening the victim by raising a net (30cm in length) that is a dangerous thing bather in the victim’s batth hand with the left hand.

2. On June 11, 2018, around 21:41, the Defendant: (a) reported that the victim E (n, female, and 29 years of age) is located in the place specified in paragraph (1); and (b) made it possible for the victim to take golf loans (onem in length), which are dangerous articles with a bad hand, against the victim himself/herself.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses in relation to B and E;

1. Three copies of the photograph;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 284 and 283 (1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 283 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;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Group 2 crime (special intimidation) (special intimidation). Intimidation [Type 4] There is no repeated crime, special intimidation (special intimidation) [the scope of recommendation and recommendation] (the scope of recommendation field and recommendation range], and April through January 16.

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months from two years to three months (the upper limit of crimes No. 1).

3. The Defendant, who made a sentence, shall be the victims of the net and golf loans, which are dangerous articles.

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