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(영문) 의정부지방법원 2019.11.27 2019고단2848
특수협박등
Text

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

Reasons

On October 17, 2014, the former accused of the crime was sentenced to a suspended sentence of three years for a crime committed by the District Court of the Republic of Korea on a one-year and six-month period. On April 14, 2015, five months were sentenced to imprisonment for a crime of violation of the Punishment of Violences, etc. Act (Habitual Violence) and the sentence of the suspended sentence was invalidated on September 17, 2015, and the period of parole was expired on December 23, 2016 and on February 22, 2017.

Punishment of the crime

1. At around 14:30 on April 5, 2019, the Defendant: (a) was under the influence of alcohol on the Defendant’s house located in Gyeonggi-gun Group B; (b) was under the influence of alcohol to the victim C (at the age of 49) who was under dispute with the victim C (at the age of 49) within his family; and (c) was under the influence of alcohol to the victim without any special reason, the victim she sawd with the victim with a white e-mail vehicle, which is a dangerous object that was parked on the drinking.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Special intimidation: (a) the Defendant: (b) placed an anti-opa or electronic leick, which is a dangerous object on the date, time, place, and on the grounds as described in paragraph (1); and (c) placed a hick with a net, which is a dangerous object, and hicked with the victim as the victim humping.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of violence and on-site photographs;

1. Application of Acts and subordinate statutes concerning recording of seized articles;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) of the Criminal Act that choose the penalty, Articles 261 and 260(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment determined for a heavier special intimidation);

1. Before ruling: Criminal records and reasons for sentencing in a defendant's statutory statement;

1. The scope of punishment by law;

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