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(영문) 수원지방법원 2017.03.09 2016고단7427
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the 39 years of age) are between around one month from August 2016 to about one month.

1. On September 20, 2016, around 15:00, the Defendant infringed upon the residence of the victim, who was at the victim’s house located under C building 202, Osan City Building 202, and the victim, who was aware of the victim’s personal identification, opened a password and intrudes on the victim’s residence.

2. A special intimidation Defendant: (a) around 04:00 on September 21, 2016, at the place described in the foregoing paragraph 1; and (b) whether the victim was able to return home and “the victim was dwarf.”

(d)"Along with excessive 19.5 cm in total length and approximately 10 cm in length) which is a dangerous object in the kitchen where the high defect is located in the kitchen, and cover the part of the victim's chest and the victim's chest."

C. Death shall be discarded.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report for counter-investigation;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (a) of the Criminal Act concerning the selection of punishment, Article 319(1) (a) of the Criminal Act, and Article 319 of the Criminal Act concerning the selection of imprisonment with prison labor;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. Whether the sentencing criteria are applied;

A. Since the concurrent crimes under the former part of Article 37 of the Criminal Act are established between the special intimidation in which the sentencing criteria are set and the intrusion of residence in the holding that the sentencing criteria are not set, only the lower limit of the recommended punishment according to the sentencing criteria for the special intimidation in which the sentencing criteria are set shall apply.

(b) The scope of recommendation [the scope of recommendation] for a special crime of intimidation in the judgment on which the sentencing criteria are set [the scope of recommendation] the scope of punishment [the scope of punishment] shall be the basic area (six months to one year and six months) (the period from June to six months) of the basic area (the period from June to one year), and the scope of comparison between the recommended sentence and the recommended sentence: Six months to six months;

2. Determination of sentence - The defendant shall be disadvantageous to him.

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