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(영문) 광주지방법원 해남지원 2018.05.17 2018고단104
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 22, 2018, the Defendant: (a) around 22:35, at the house of the Victim C (58) located in the Gun of Namnamdo; (b) around December 22, 2018, the Defendant, under the influence of alcohol, opened a kitchen, which is a dangerous object, and intrudes the victim’s residence by opening the kitchen to the house; and (c) threatened the victim with the victim’s “to die and throw away; and (d) continuously damaged the kitchen’s market price and other matters owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The possession of the victim and other photographs;

1. 112 Application of Acts and subordinate statutes governing the 112 Reporting and Notification List;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act (the fact of threatening to carry dangerous articles, the choice of imprisonment), 320, 319(1) (the fact of intrusion into residence carrying dangerous articles) of the Criminal Act, and Articles 369(1) and 366 of the Criminal Act (the fact of damaging dangerous articles, the fact of destroying dangerous articles, 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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Scope of Recommendation) (Special Intimidation) area: From 4 months to 1 year (Special Intimidation) of imprisonment for a term of 4 months (Habitually mitigated, repeated crime, and special Intimidation): No penalty is imposed;

(b) Type 1 (Habitual, repeated crime and special damage, etc.) (Habitual, repeated crime and special damage): Imprisonment with prison labor for up to 4 months from 10 months (special mitigation factors).

(c) The scope of final sentence due to the aggravation of multiple offenses: April to May; and

D. Inasmuch as the sentencing guidelines are not set for special crimes involving concurrent crimes, it refers to the lower limit of the punishment for the crimes for which the sentencing guidelines are set. 2. The Defendant, who was sentenced, carried dangerous articles at night, invaded upon another person’s residence, and threatened the victim and damaged the victim’s things.

The defendant is in danger.

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