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(영문) 대구지방법원 안동지원 2017.11.02 2017고단623
특수협박등
Text

1. The punishment of the accused shall be one year;

2. One kitchen (No. 1) that has been seized from the accused.

Reasons

Punishment of the crime

[criminal history] On September 29, 2016, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) at the Seoul High Court on September 29, 2016, and the said judgment became final and conclusive on October 7, 2016, and is currently under suspension of execution. On November 2, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for larceny from the Suwon District Court as a result of larceny and completed the execution of the sentence in a ignsung vocational training prison on May 15, 2017.

[Criminal facts]

1. A special intimidation: (a) around August 201, 201, the Defendant: (b) 22:00 on the mid-term August 1, 2017, and (c) 308, on the grounds that the Defendant contacted with the victim D (V) who is a female living together with the other male, used excessive materials, which are dangerous objects; and (b) threatened the victim with the other male.

2. On September 21, 2017, the Defendant, while taking a trial cost on the ground that the victim transferred money to another person at the above place, was faced with the head on the wall by taking off the victim’s head debt and iceing the ice and iceing the victim’s head on several occasions. The Defendant, by hand, taken off the victim’s head from the wall on several occasions, her chests, her chest and side glass, etc., and brought about a food knife ( approximately 30cm in total length, approximately 17cm in length in length), which is a dangerous object, on the part of the victim, and put the victim on the part of the victim, such as taking the knife knife in the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Each report on investigation;

1. Each photograph;

1. Records of the judgment: References to inquiries, such as criminal history, investigation reports (Application of repeated crimes and Acts and subordinate statutes governing the suspension of execution);

1. Relevant legal provisions and the point of special intimidation regarding the crime: Article 284 of the Criminal Act and Article 283 (1) of the same Act (elective of imprisonment): Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Recommendations based on the sentencing criteria;

(a)decisions 1) type of special intimidation: violence;

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