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(영문) 창원지방법원 2018.06.20 2018고단505
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. A special intimidation: (a) around 04:50 on January 1, 2018, the Defendant: (b) around D gas stations in front of D gas stations in the window of Changwon-si, Changwon-si; (c) on the ground that the daily behaviors of the victim E (21 years of age) bring about a large amount of music, and (d) on the part of the victim, the Defendant saw the victim as “a fluoring down of interest” and “a fluoring down of interest” and “a fluoring down of interest,” and threatened the victim’s head.

Accordingly, the defendant carried dangerous things and threatened the defendant.

2. The Defendant, while threatening E by citing fluoral disease as mentioned in paragraph 1 at the time, at the place, and as seen above, spiting the Defendant’s arms, F. (21) of the Victim F. (S.), and spiting the victim’s face on several occasions, and spiting the victim’s face four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283 (1), and 260 (1) of the Criminal Act concerning the choice of punishment, and Articles 260 (a) and (b) of the Criminal Act;

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. The former sentence of a fine of KRW 3 million (in the event that sentencing guidelines are not applied: Juvenile offenders at the time of prosecution): Imprisonment with prison labor for the period of six months/ suspended execution; two years of protection; surveillance; 40 hours in attendance; and reasons for the increase of 80 hours in community service: the risk of committing a deadly weapon, the reason for reduction of damage unreciated, etc.: confession and separate progress [Noncompliance to the withdrawal of approximately 9308 high-class 2017 high-class party members; 2857 high-class property damage and destruction of special property; 2018 high-class 307 high-class 3079 high-class 3079 high-class 40

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