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(영문) 수원지방법원 안산지원 2018.10.24 2018고단2822
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 became final and conclusive.

(e).

Reasons

Punishment of the crime

1. On May 14, 2018, the Defendant damaged special property: (a) around 20:50 on May 14, 2018, the Defendant: (b) considered that the victim D (n, 48 years of age) would cross-mix the Defendant and the said C business owner; and (c) caused the damage to the Defendant by taking advantage of the upper body, which is a dangerous object in coloring the market price owned by the victim.

Accordingly, the defendant carried dangerous things and damaged the victim's property and damaged its utility.

2. A special intimidation Defendant, at around May 14, 2018, at the kitchen room of the restaurant, as described in the foregoing paragraph 1, around May 21, 2018, knife the knife (the total length of 27cc, 16cc) of a dangerous object previously possessed by the victim for the same reason as the above paragraph 1, and discarded the knife, “hume,” and thrown away.

“......”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the screen by capturing related photographs and CCTV images;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 369(1), 366 (a), and 366 of the Criminal Act, and the choice of imprisonment with labor for each type of crime;

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. Scope of recommendation on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution - The scope of sentencing on the grounds of sentencing guidelines for sentencing - Class 1 (Assaults) / [Scope of recommending punishment / [The scope of recommending punishment / [the person subject to special mitigation ] The scope of punishment / [the scope of recommending punishment / [the person subject to special mitigation ] the mitigation area of punishment / [the scope of punishment / the person subject to special mitigation ] the mitigation area of punishment / [one month to eight months] the final punishment due to the reduction area of punishment / [the person subject to special mitigation / the person subject to special mitigation ] the reduction area of punishment / the reduction area of punishment : The confession and reflection of the defendant who was sentenced in February to the sentence from January to April; the period has not elapsed since the date on which the defendant was led to confession and reflect; and the same kind of punishment or criminal conviction exceeded the victim.

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