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(영문) 광주지방법원 2016.01.06 2015고단4786
특수협박등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant, at around 13:20 on November 20, 2015, told the victim D (n, 39 years of age) and Nombaon in a de facto marital relationship under Ma 116:204, an apartment house of the Defendant, which is the house of the Defendant, to have a de facto marital relationship with the victim, and has been spared, and has been tightly damaged, and has been shicked with the victim, and "hum is discarded by death."

“Along with the length of 21.5 cm in total and 11.5 cm in length.” The term “along with the length of knife,” and “along with the length of knife.e., the body of the victim,” and the body of the woman and the breath of the knife in excess of the victim.

계속하여 피고 인은 위 과도를 손에 들고 안방 및 베란다로 도망치는 피해자를 쫓아다니며 위협하다가 결국 위 아파트 1 층 출입구까지 도망간 피해자를 쫓아가 그 녀의 머리를 바닥에 찧게 하였다.

The defendant, carrying dangerous articles, threatened the victim, and assaulted him.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of special intimidation in its holding: Articles 284 and 283 (1) of the Criminal Act (the choice of imprisonment);

(b) The point of special assault in judgment: Articles 261 and 260 (1) of the Criminal Act (the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Type 6 (Habitual, Cumulative, Special Assaults) (Special Sentencing Persons) (Special Sentencing Persons) - In the event that a person repeatedly commits a crime over a considerable period of increase in the scope of punishment - [Determination in the territory of recommendation] basic area [the scope of recommendation] from 6 months to 10 months [general sentencing persons] from 6 months [the scope of recommendation] - In the case of serious radius of mitigation factors

2. Type 4 (Habitual Sentencing, Cumulative Offense, Special Intimidation) (Special Sentencing Persons) - In the case of repeatedly committing a crime over a considerable period of increase factors - In the case of repeated crimes (decision on the territory of recommendation) basic area [the scope of recommendation].

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