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(영문) 인천지방법원 2016.04.28 2016고단1284
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

1. Around March 4, 2016, at around 23:30 on the 1st floor of the Yeonsu-gu Incheon Metropolitan City building B, the Defendant: (a) sent to the clothes of the victim D (23 taxes) who was on the back table by drinking the table table; and (b) threatened the victim by threateninging the erogate of the erogate, which had been on the erobbbbbbbb by the victim’s ebbbbbbbs, “Is the ebs of the ebs of the ebs of the ebs of the ebs of the ebs of the ebs of the ebs of the ebs of the ebs of the ebs of the ebs of the ebs.

2. The Defendant, such as public documents, was subject to voluntary accompanying demands from the guards E, etc. belonging to the Yeonsu-gu Incheon Police Station who was dispatched upon receipt of a report 112 at the date, time, and place of the foregoing paragraph (1) above, and voluntarily accompanied to the Incheon Yeonsu-ro 96, and signed and sealed a letter of voluntary accompanying consent around 23:55 on the same day. However, on March 5, 2016, “the victim is sent without the consent” around 00:30 on March 5, 2016.

As stated in Paragraph 1, the foregoing voluntary consent of accompanying would have impaired the utility of public documents used by public offices that thrown away tear.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of victim photographs, public document-related photographs, and CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 141(1) (a) (a point of damage to public documents) of the Criminal Act, and the choice of imprisonment with prison labor for 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Application of the sentencing criteria;

(a) Class 1 Crimes (Special Intimidation) (Scope of Recommendation) (Scope of Intimidation) has no basic area (6 months to 1 year and 6 months) (special sentencing person) of the basic area (6 months to 1 year and 6 months).

(b) 2 offences (damage to official documents) (the scope of recommendations).

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