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(영문) 의정부지방법원 2017.03.21 2016고단4270
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim C (the age of 55) are in line with teaching materials, and the victim D (the age of 34) is the father and the victim E (the age of 45) is the father and mother of the victim C.

1. On September 16, 2016, at around 23:50, the Defendant violated the victim C’s residence in the Gyeonggi-si, Gyeonggi-do, and around 508:90,00 G apartment, which is a residence of the victim C, and did not abide by the victim C’s promise, and did not receive one’s own telephone, and went into the victim C’s residence with a dangerous object (23 cm in length) for the purpose of giving the victim C a heavy amount of money (23 cm in length).

2. The Defendant, at the time, at the time, at the place specified in Paragraph 1, would die upon filing a report with the police, with the victim D, E, a defective object dangerous to the police, and with the police.

“The victim D and E threatened with the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement C, D, and E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act that prescribes the choice of punishment, Articles 320, 319(1) (a) of the Criminal Act, and the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for and unfavorable circumstances of sentencing under Article 48(1)1 of the Confiscation Criminal Act: The defendant has committed two times before and after violence, and the crime of this case is committed in light of the risk that intrudes into the victim’s residence and threatens the victims, and the circumstances favorable to the defendant committed the crime of this case: The defendant is against the crime of this case.

The decision of the sentence that the defendant does not have the same power as or higher than the suspension of execution, that the victim C and E do not want to be punished for the defendant: the decision of the sentence.

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