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(영문) 창원지방법원 마산지원 2017.02.15 2016고단1392
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of official duties in the Changwon District Court's Msan branch on December 23, 2014 and the said judgment became final and conclusive on March 22, 2016.

1. A special intimidation: (a) around February 4, 2015, at the Defendant’s residence of 18:00, the Defendant collected a knife, which was a dangerous thing in the main room of the Defendant, and present it to the victim on the ground that the victim D (V, 41 years old) who had been in a past relationship with the Defendant was not promptly repaid the borrowed money. (b) On February 4, 2015, the Defendant died of this knife hye hye.

If it is not disposed of as soon as possible.

"The term " was a brupt fish structure," and the attitude of harming the victim's body, such as brupting, was threatened.

2. Around April 29, 2015, the Defendant sent the victim’s mobile phone using the Defendant’s mobile phone for the foregoing reasons, and then sent the victim’s mobile phone text message stating “I am dead at least once in the night” to the victim’s mobile phone from September 19, 2015, and then sent the victim’s text message 26 times in total, as indicated in the list of crimes in the attached Table, from September 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to D prepared by the police;

1. A criminal investigation report (Attachment of a photograph of a cellular phone message) and the photograph of a cell phone message attached thereto;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on investigation (a confirmation of the previous conviction and a copy of the judgment attached thereto) and application of statutes attached to the judgment;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) concerning criminal facts, Article 283 (1) of the Criminal Act (a point of intimidation) and the selection of imprisonment for a set of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act that the Defendant had been punished several times due to violent crimes, and the Defendant was on the same day.

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