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(영문) 광주지방법원 순천지원 2018.11.16 2018고단1266
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

Reasons

Punishment of the crime

On May 26, 2018, at around 05:55, the Defendant was driving by a victim C (43 tax) who operated B SP car on the national road road No. 2 in front of the village of the spP car in the spP car on the 2nd of the spak-gun, Bosung-gun.

D Formulate that the Defendant was living in an abnormal manner in the future of the victim’s vehicle before reaching the above place, and whether the Defendant “drawing” is driving;

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Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation, a report on investigation, a report on investigation (related to securing a black stuff) and a report on investigation (related to securing a black stuff);

1. A protocol of seizure and a list of seizure;

1. One copy of a screen to cover a black stuff;

1. Application of the Acts and subordinate statutes of Chapter 1 of the Bluebbbling and video CDs

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the degree of damage to the risk of the instant crime is not small; and (b) the victim wants to be punished against the Defendant.

On the other hand, the fact that the defendant has been sentenced to a fine only once, and that the defendant reflects the mistake is considered as favorable circumstances.

In full view of these circumstances and the defendant's age, family environment, motive and circumstances of the crime, and circumstances after the crime, the sentence shall be determined as ordered.

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