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(영문) 제주지방법원 2016.07.21 2016고단940
특수협박등
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

1. On January 13, 2016, the special assault Defendant: (a) while driving a e-learning car on the front road located in C at Jeju on the front of the road, the Defendant used the e-learning car to be the victim F (33 tax) and Si expenses, and used the victim’s e-mail “friened fe-fe-fe-fe-fe-fe-fe-fe-fe-f-sat; and (b) used the e-mail (1m in length) which is a dangerous object stored in the son of the Defendant’s vehicle, and used the victim’s fe-fe-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-

2. A special intimidation: (a) at the time and time set forth in paragraph 1, the Defendant display any of the items, which are dangerous articles to F as above, at the same place, and (b) reported that the victim G (n, 32 years of age) takes the victim’s cell phone image in front of the assault site; (c) however, the victim was aware of the victim’s her son despite the fact that the victim became aware of the her son, and (d) her knife with knife and knife with kniff.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A criminal investigation report (Attachment to a photograph of the fluore image) and a photograph of a fluore image closure;

1. Application of Acts and subordinate statutes to field photographs, and photographs of damaged parts of a river;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 284, 283(1) (a) (a point of special intimidation) of the Criminal Act, and the choice of imprisonment for a crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the following: (a) the Defendant committed the instant crime by assaulting and threatening the victims, which is a dangerous object; (b) the nature of the relevant crime was extremely poor; and (c) the victims failed to receive the instant crime from the victims; and (d) the victims want to commit the Defendant’s severe punishment, it is necessary to strictly punish the Defendant.

(b).

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