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(영문) 대전지방법원 2016.06.10 2016고단422
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim C (nive, 44 years old), and the victim D (16 years old) and the victim E (15 years old) have been living together with the defendant for 10 years.

On December 23, 2015, the Defendant, at around 00:30 on December 23, 2015, 200: (a) took a dangerous object, which had been drunked in a kitchen, in the dwelling of the Defendant located in Daejeon Middle-gu, Daejeon, the Defendant, using the ice stack (20.5cm in total length, 20.5cm in length, 20.5cm in length) and threatened the victims, and (b) took a threat of “the dead,” and (c) the victims, who were frighted, were 3 to 4 times walking the door due to the escape of the victims, and was able to inflict bodily harm on the victims of the vehicle.

In this respect, the defendant carried dangerous articles, stove stoves, and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes to entries in seizure records;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a special crime of intimidation against E with the largest punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] : (a) the basic area (from June to one year and six months) of the Act on the Punishment of Terrorism (including a special mitigation (special mitigation)), or where considerable damage has been restored to the victim (including a serious effort to recover damage), the victim who is vulnerable to the crime (decision of sentence) has an adverse effect on the victims of the crime; (b) the risk of the Act on the Suspension of Execution is high; (c) the defendant is against the law on the Punishment of Terrorism; (d) there is no record of punishment other than fines; and (e) there is no agreement with the victims. The dismissed part of the indictment is dismissed.

1. The summary of each of the facts charged in the instant case is a de facto marital relationship with the victim C (V, 44 years old), and the victim D (16 years old) and E (15 years old) have lived with the Defendant for 10 years.

The defendant on March 2015.

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