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(영문) 창원지방법원 통영지원 2018.03.16 2017고단414
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 19, 2017, the Defendant damaged the property by making the victim’s 100,000 won of the market price on the Kabter as the victim’s possession at around 04:32, around 19, 2017, at the amusement point in the operation of the victim D (n, 47 years of age) located in Yong-Nam-si, G, on the ground that the Defendant demanded the Defendant to pay pre-paid alcohol.

2. In the above temporary location, the Defendant: (a) made a threat to the victim’s body by taking advantage of fire extinguishers (high 47 cm) which is a dangerous object that had been placed on the floor while taking a bath for the said reason; and (b) threatening the victim as if he was scamed by the victim, such as scambing, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A criminal investigation report (on-site dispatch report), and a criminal investigation report (Attachment to site photographs);

1. Application of Acts and subordinate statutes on the closure screen;

1. Article 284, Article 283 (1) (a point of special intimidation) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The mitigated area (4 months to 1 year) of the mitigated area (4 months from 4 months to 1 year) of the crimes of intimidation (the scope of recommendations) (the scope of punishment for intimidation) (a person subject to special mitigation)

2. Type 1 (Destruction of Property, etc.) in the mitigation area (one month to six months) (special mitigation person) in Class 2 (Destruction of Property, etc.) in general standards; and

3. The scope of final sentence due to the aggravation of multiple offenses: April to January; and

4. The sentence shall be determined as per the text, in consideration of the fact that the defendant for whom the decision of sentencing was rendered is detained in prison for a period of one month and reflects his/her mistake, the fact that he/she agreed with the victim, and other conditions of sentencing recorded in the records, such as the age, sexual behavior and environment

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