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(영문) 춘천지방법원 강릉지원 2021.01.14 2020고단940
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. Around 08:00 on August 8, 2020, the Defendant damaged the victim’s property by taking advantage of the following methods: (a) a female-friendly job offer victim B (n, 22 years of age) and a female-related dispute between the Defendant and the Defendant’s parents; (b) a victim E (n, South, and 63 years of age) holding a studio lessor E (n, South, and 63 years of age)’s market value, which is owned by the lessor, caused the damage to the victim’s property.

2. Special intimidation: (a) the Defendant, at the same time and place as Paragraph 1, uses excessive (19cc in total length and 8cc in length) that is a dangerous object located in the bank; (b) and (c) intimidation the victim as if it were a brush.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of relevant photographs to statutes;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Circumstances that are disadvantageous to the reasons for sentencing under Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation: The so-called “trub violence,” such as the instant crime, is not only an individual matter inside the relationship, but also a social issue, and there are many cases where the crime continues for a long time or is highly likely to engage in an act due to the special relationship between the perpetrator and the victim, and there are serious damages, which are favorable to the fact that the Defendant was punished for the same crime committed by the same victim even before the instant case: The fact that the Defendant recognized and reflected the crime; the victim B does not want to be punished against the Defendant; and the Defendant’s age and age are the Defendant’s age.

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