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(영문) 대전지방법원 논산지원 2017.06.23 2017고단253
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

During 19 years prior to death with a victim, the Defendant was in the Hague with the victim B without having the Defendant contact with the victim.

The reason was that it was a serious respect for the reason that it was.

1. A special intimidation: (a) around 15:50 on February 22, 2017, the Defendant cited golf loans (total length: 97 cm) that are dangerous objects in D’s coffee shop at the time of Masan, and (b) saw the victim as a driver of the victim by standing in the victim’s side; (c) the victim saw the said coffee shop to enter the victim’s car parked in the front parking lot at the Cheongsan-si, Seosan-si, and entered the victim according to the said golf debt with the above golf debt.

I have taken advantage of their accompanying nature, but I have taken advantage of their life;

He said that “.....”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. At the time and place mentioned in paragraph 1, the Defendant threatened the victim as described in paragraph 1, and the victim possessed golf bonds, which are dangerous objects to escape out of the vehicle mentioned in paragraph 1, and prevented the victim from getting out of a dubro, and getting out of a dub, dub, etc., with a view to getting the victim into a dub, and making the victim be out of a dub, which requires three weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Golf bonds and photographs to close CCTVs, such as photographs on the upper part of the victim;

1. Application of Acts and subordinate statutes to a investigation report (such as golf bonds and black stuffs, etc.);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a special intimidation and choice of imprisonment), Articles 258-2(1) and 257(1) (a) of the Criminal Act concerning the 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection and community service order.

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