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(영문) 창원지방법원 마산지원 2018.05.25 2018고단182
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence 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 February 14, 2018, the Defendant: (b) threatened the victim’s right ahead of the DNA Magpo-si Mapo-si Mapo-si, Changwon-si, Mapo-si, with a view to blocking the paths of the victim E (n.e., 18 years of age) that was under the influence of alcohol without any particular reason; (c) hump the hump, “A hump”; and (d) concrete block (f) which is a dangerous object on the floor, 40cm wide, about 20cm long) with both hands, with the victim’s right towards the lower edge.

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

2. A special assault Defendant collected concrete block specified in Paragraph 1 of the above Article, which is a dangerous object by hand without any particular reason under the influence of alcohol at the above time, place, and was faced with the victim F (18 years old) of the above E, thereby complying with the right knee of the above victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Photographs (It is judged that the defendant was not in a mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime);

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, the choice of imprisonment for a 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reference to the sentencing criteria;

(a) The sentencing criteria for special crimes of assault [the scope of recommended punishment] and the sentencing period for the crimes of assault (Habitual, repeated, and special assault) (4 months to 1 year and 2 months) are mitigated (the person who is subject to special sentencing].

B. The sentencing criteria for a special crime of intimidation [the scope of recommended punishment] type 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) is mitigated (4 months to 1 year) (a person who is subject to special sentencing].

2. The fact that the defendant acknowledges and reflects the error of the sentence, that all the victims have agreed with the sentence, and other matters.

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