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(영문) 수원지방법원 2017.09.14 2006고단5505 (1)
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

In a state that the Defendant lacks the ability to discern things due to a mental fission, etc., the Defendant lacks the ability to discern things or make decisions;

1. On November 17, 2006, when there are two customers in the beauty art room operated by the victim D (Wing, 40 years of age) in Mayang-gu, Mayang-si, Mayang-si, Mayang-si, Mayang-si, and around 13:05, on the ground that the head was found to have taken a shot of his hair wrongly cut during about one month before the victim, but the victim was neglected without being subject to death from the victim, the victim’s sound was salking, salping the salle, salping the salle of the victim, and salping the victim out of the floor, and salping three salping the salp of the salp of the salp of the 20 minutes, by force, such as the number of vehicles walking the salp of the salp of the salp, thereby hindering the operation of the beauty room.

2. The sum (12.5 cm in length of the blade) of the victim F (mam, 34 years old) who has continuously supplied cosmetic materials to the above beauty room and finds out the victim F (mam, 34 years old) and brought about from house to the above victim, and the death shall be discarded; and

"A threat is made to the victim by driving away approximately 10 meters after high noise, and thereby making the victim go beyond the victim."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F or D;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366(1) of the Criminal Act (the point of destruction of property), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, the choice of imprisonment with prison labor;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special intimidation) shall be imposed for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act refers to the instant crime in a dangerous manner, such as threatening the victim by excessive means by the Defendant at home.

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