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(영문) 광주지방법원 해남지원 2017.11.09 2017고단342
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2017, around 08:00, the Defendant brought a dispute with the victims on the issue that the access road construction works of the Defendant for the victims violated the land owned by the victims before the family of the victims E (the age of 49), and the victims E (the age of 52) around the family of the husband and wife, and led to an hysty.

The defendant was found in the house of the victims of the same day at around 09:56 on the same day, and his door door door door door door door door door door door door door door door door door door, and "I will die. B. D.

After the phrase “,”, gasoline was continuously opened a living room window with about 5 liters of gasoline, which is a dangerous object in which they were flick, and gasoline was added to it.

Accordingly, the defendant, considering the attitude of the victims to harm the life and body of the victims, threatened the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a investigative report (limited to the CCTV images of a victim as well as a photograph by cutting down the crime);

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the case of ordinary concurrent crimes with the sentencing criteria, although the sentencing criteria are not applicable, they refer to the sentencing criteria for special intimidation committed against victims D, the sentencing period of which is more severe in determining specific sentences.

[Scope of Recommendation] Class 4 (Habitual Offense, Cumulative Offense, Special Intimidation) area (4 months to 1 year) mitigation area (Special Intimidation)

2. In light of the type of dangerous articles used by the Defendant, the instant crime is not suitable for the nature of the crime, in that the instant crime was likely to cause greater damage, in light of the type of dangerous articles or threats.

The defendant should be punished strictly.

However, the defendant reflects his mistake and agreed with the victims, and there is no record of the same crime.

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