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(영문) 춘천지방법원 속초지원 2017.12.20 2017고단112
특수협박등
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

around August 2016, the Defendant 112 of “2017 Godan 112” cited excessive amount of 30 cm in length, which is a dangerous object for the reason that the injured party at the E 1st floor office, working for the victim D (Woo, 45 years old) in Seo-gu Incheon Metropolitan City, does not drinking the Defendant. The Defendant saw the victim as sticked on the office book where the victim is seated.

In other words, the victim was threatened.

around 00:14 on August 20, 2017, the Defendant, “2017 Highest 391,” committed an assault against the victim, who is a driver of a motor vehicle in operation, such as francing the head, by misunderstanding that he/she would go to a place other than this destination, which is a proxy driver (50 years of age) in the F-car owned by the Defendant, in front of the road in front of his/her own 3rd-do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

Summary of Evidence

"2017 Highest 112"

1. Statement by the defendant in court;

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

1. Table of Report on Occurrence (Special Intimidation) and 112, 201, 391, annexed to the settlement of reported cases;

1. Statement by the defendant in court;

1. G documents;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case and to photographs of damaged parts;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation), Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violence against drivers) and the choice of imprisonment with prison labor;

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. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in light of the following conditions of sentencing, including the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The defendant recognized all of the crimes of this case, against whom the victim of the crime of assault against the driver was committed, and the victim D did not want the punishment against the defendant: The crime of this case is committed against the dead person.

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