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(영문) 대전지방법원 천안지원 2017.05.12 2017고단593
특수협박
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant finds out the fact that he had contacted with the victim B (58 years old) while checking the list of his mobile phone calls that he had the wind of living together, and finds out the fact that he had contacted with the victim B (58 years old) on March 3, 2017, and sent text messages to the victim's cell phone.

Manaman has undertaken a promise.

On March 3, 2017, around 01:15, the Defendant: (a) opened a driver’s seat with the victim’s call 105 front of the south-gu Seoul apartment house 105-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and (b) took a dangerous thing (b) with the victim’s boom and with the other hand, and (c) with the victim’s length

The summary of the evidence that repeatedly and repeatedly threatened the victim with the expression "to throw away from death."

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. Protocol and list of seizure;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing victim and suspect Kakao;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Types of Determination] - Types 4 (Habitual, Cumulative, and Special Intimidation) [Special Sentencing Persons] - The elements of mitigation: [including serious efforts to recover damage] / [Determination in the sphere of recommendation] / [the scope of recommendation] 4 months to 1 year [the scope of recommendation] / The elements of mitigation : In cases where a person committed a crime with a deadly weapon or other dangerous articles carrying a deadly weapon or other dangerous articles - / negative: In cases where a person committed a crime by carrying a deadly weapon or other dangerous articles / [including a serious reason for suspension of execution] - If a person committed a crime with a deadly weapon or other dangerous articles / [the general reason for suspension of execution of sentence] - negative: A planned crime / - positive social relationship - clear, serious reflect, and there is no criminal record of suspended execution or more.

2. Each sentencing factors and factors for the decision of sentence, the form, degree, and risk of the instant crime, and the Defendant.

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