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(영문) 광주지방법원 해남지원 2016.06.09 2016고단101
특수협박등
Text

A defendant shall be punished by imprisonment for 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. Special intimidation: (a) around December 28, 2015, the Defendant discovered the vehicles of the victims C (n, 47 years of age) of the previous internal-related persons in front of the village in Jindo-gun, Jindo-gun on the back side road in front of the village in Jindo-gun on December 28, 2015; and (b) opened a door to the victim after blocking the victim's vehicle in front of the MF5 vehicle operated by the Defendant

Although the victim did not open a door, the victim threatened the victim by putting the fluor, which is a dangerous object that was in the vicinity, into a fluor, a tree fluor, “sing off from the car of the weather year” and threatening the victim to “fluort off the car.”

2. The Defendant damaged a special property by using a tree enormous machine, which is a dangerous object, at the time, at the place specified in paragraph 1, and at the same time and place, damaged the property so that the repair cost equivalent to 36,000 won can be recovered after the driver’s seat of the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement of damage to the damaged vehicle;

1. Application of Acts and subordinate statutes to report on investigation (victim C Telephone Investigation);

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 369(1) and 366 of the Criminal Act (the occupation of damaging dangerous articles) of the Criminal Act, and the choice of imprisonment, 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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Type 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (4 months to 1 year) mitigation area (person subject to special mitigation) (a person subject to special mitigation) for a crime of intimidation;

(b) Crimes of destroying special property [Scope of recommended punishment] Habitual, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) . (4 months to 10 months) in the mitigation area (special mitigation area) . No punishment is imposed;

(c) Final sentence scope due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than four months from one year to five months; and

2. The defendant who has previously been in an internal relationship with him shall be free from contact with the victim.

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