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(영문) 광주지방법원 2016.09.23 2016고단2966
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at the Gwangju District Court, and completed the execution of the sentence on October 12, 2015.

On April 29, 2016, at around 16:00, the Defendant threatened the victim C (29 years old) (hereinafter referred to as “the Defendant”) (hereinafter referred to as “Ching”) who reported the civil petition day in Seodong-gu, Gwangju, Seodong-gu, Gwangju, by informing the victim C (29 years old) of the resolution method, and making the victim refuse and frightly speaks, the Defendant threatened the victim by cutting down the victim’s neck seated on his arms, and breaking it over the ground floor, and assaulting the victim on the ground, and intending to see the dangerous substance that he had continuously carried.”

Accordingly, the defendant assaulted the victim and threatened him with dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made to C by the police in the protocol; and

1. It is clear that the copy of the video image [in light of CCTV images taken at the time of committing the crime, it is possible that the defendant reduced the victim's timber that he was seated in his own will, cut down the victim's boomed over the floor, cut the victim over the floor, and promptly see the snow as a blick with a brush;

In addition, the existence of the facts charged can be sufficiently confirmed by the consistent and detailed statement of the victim.

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes to inquire about criminal history and current status of confinement;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1), and 260(1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the contents and circumstances of the crime of sentencing as prescribed in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, the nature of the crime is extremely poor.

Although the defendant had a same criminal record in 18 times, he has committed another same crime during the period of repeated crime.

After the crime, the attitude is very poor.

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