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(영문) 춘천지방법원 2016.05.03 2016고단39
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

The defendant is a person who lives in Francheon-gun, Hongcheon-gun, by paying a monthly income in E operated by the victim D (50).

At around 21:20 on December 14, 2015, the Defendant argued with the Victim as to whether the Victim was removed from the monthly rent and whether it was a food for the Victim.

In this regard, the bitch bitch bitch bitch bitch bitch bitch bitch mar, gasoline string off,” and the victim's neck at one time by lux son, and the victim's face was hicked by drinking.

In addition, the Defendant continuously broken the glass board that had been located therein, putting the victim a string, harming the victim, and saying, “the death of this string shall be discarded.”

Accordingly, the defendant assaulted the victim and threatened him with dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witnesses by the prosecution concerning D - One answer-type;

1. Statement made by the police victims against D;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV photographs);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) (the point of threat to carry dangerous articles) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes (Crimes of Special Intimidation) / Special Intimidation (Types of Crimes) (Type 4) (Determination in the sphere of recommendation) by a group of violent crimes; Imprisonment with prison labor for six months from six months to one year and six months (basic sphere);

(b) Concurrent crimes (crimes of Violence) / general assault [the scope of recommended punishment] by a group of violent crimes / imprisonment with prison labor for two months from two months to ten months (basic sphere);

C. The scope of recommendation according to the standards for handling multiple crimes: 6 months of imprisonment to 11 months [1/2 of the upper limit of the scope of sentence for concurrent crimes].

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