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(영문) 제주지방법원 2016.06.09 2016고합37
특수협박등
Text

A defendant shall be punished by imprisonment for not less than one year and 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. A special intimidation: (a) around April 13, 2016, at the victim E’s house, the owner of the building wherein the Defendant residing in D, who was the owner of the building wherein the Defendant was living in D, the Defendant threatened the victim by using dangerous things, such as the victim’s expression, etc., while having a knife knife for the main knife (18cc in length on the knife) in the building where the victim was at issue of the Defendant’s happiness.

2. Around 01:40 on April 13, 2016, the Defendant, who attempted to commit fire to a general building, was flicked by the Defendant, in order to take the above provisional building on the household building owned by the victim as stated in paragraph (1) where the Defendant was living alone. However, on the other hand, the Defendant did not turn on the ground that the building was destroyed by a police officer dispatched upon receipt of a report by 112, and did not move to the building, but did not take place on the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (Attachment of a photograph of a victim's mobile phone text message) and data attached thereto;

1. Seizure records;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) (a special intimidation, choice of imprisonment), and Articles 174 and 166(1) (a) of the Criminal Act (a person who attempts to commit fire to general buildings);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added to the punishment that is heavier than that prescribed for the attempts to prevent a general structure or fire, the aggravated punishment for each of the above punishment shall be added);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year - June 18;

2. The scope of the recommended punishment according to the sentencing criteria (a special crime of intimidation).

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