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(영문) 광주지방법원 2017.05.10 2017고단395
특수협박등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special intimidation: (a) around November 23, 2016, the Defendant must 10:00 to the victim D (nives, age 21) who had a classical subject in Gwangju Seo-gu Officetel 1111, with respect to the case of a dispute over which he had a classical subject, “for a period of 10:0,00, the Defendant must be subject to the assessment of the classical defect.

“Is the victim talked on the rail of windows that do not seem to have any particular response,” and “Is the victim talked;

It is not easy.

It shall be within his own territory.

"A person who talks that it is "," and sees the kitchen knife, which is a dangerous thing in the kitchen, with the length of 30cm, and makes the hand of the defendant knife, and then leaves the ward and the victim with the knife, "a person shall die upon entering the house."

B. The Republic of Korea had influenced.

In order to protect the victim's life or body, "the victim was threatened by showing the attitude that the victim seems to harm the victim's life or body."

2. The Defendant of larceny: (a) 400,000 won in cash on the victim’s hand who was in a cremation stand in a place where the police officer is waiting to wait outside a locking place, after receiving a report on a disturbance from the police officer on the same ground as the date and time, at the place specified in paragraph (1); and (b) 40,000 won in cash on the victim’s hand who was in a cremation box, when the police officer is waiting to wait

Lives cut off them.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Statement made by the police with regard to D (one time, two times);

1. Each written statement of D (one time, two times);

1. Application of kitchen photographs, field photographs and Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) and 329 (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 (1) of the Criminal Act to observe the protection and attend lectures;

1. Scope of sentencing recommended according to the sentencing criteria;

A. The basic area of crimes No. 1 in the holding [the type] of violent crimes No. 4 (Special Intimidation of Habitual Offense) [the scope of recommendations] basic area [the scope of recommendations]

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