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(영문) 대전지방법원 천안지원 2016.08.25 2016고단541
특수협박
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has resided in the Gangnam-gu Seoul apartment 101 Dong, Nam-gu, Seoul, and the victim D resides in the upper floor of the above apartment in which the defendant resides.

On March 31, 2016, on the ground that the Defendant was unable to sleep due to noise between around 08:50, the Defendant was found in the victim’s residence and opened a door to the victim’s bar-type bar-based bar-based bar-based bar-based bar-based bar-based bar-based bar-based bar-based bar-based bar-based bar-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based school-based

Accordingly, the defendant carried dangerous objects and threatened the victim.

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 written statement concerning E;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the defendant and his defense counsel] / [the scope of punishment ] 4 types of intimidation (4 months to 1 year), mitigation area (4, 1 year), where the degree of intimidation is minor / (1,4, 5 types) / (1, 4, and 5 types of sentence] / the defendant has no record of crime other than a fine for negligence, reflects the fact that the defendant has no record of crime other than a fine for one time, and is suffering from harm due to emotional disorder, depression, depression, depression, etc. (the defendant and his defense counsel asserted that the defendant committed the crime in this case with weak mental or physical disorder under the above disease).

Although the defendant is recognized as suffering from the above disease, such circumstance alone does not change things at the time of the crime of this case.

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