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(영문) 춘천지방법원 원주지원 2017.01.17 2016고단1022
협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On July 30, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the original branch of the Chuncheon District Court (a group, deadly weapons, etc.) and completed the execution of the sentence in the Chuncheon Prison on February 15, 2015.

[Criminal Facts]

1. On October 23, 2016, at the “C convenience store” located in 18:05, the Defendant: (a) sent tobacco to the victim D (n, 19 years of age) who works for arbane at that place; (b) demanded the victim to change the arbs of 2 C, C, and drinking water; and (c) demanded the victim to change the arbs. However, the victim refused it and reported to the police; and (d) threatened the victim with the victim by saying, “I will tear the arbs, hinging, and hinginginging the arbs,” stating that “I will throw away the arbs, hing the arbs, and hing the arbs.”

2. The Defendant, at the time, at the time, at the place specified in the above paragraph 1 above, laid down drinking water that had been faced with the chest part of the above victim D, and assaulted the victim by putting the shoulder of the victim by hand and breaking down the shoulder of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (on-site conditions, how to arrest a person suspected of committing such investigation, etc.);

1. A previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (a confirmation during the period of repeated crime of the suspect, and attachment of the same criminal record and related judgments by the suspect for the last ten years);

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Group 1 repeated crimes of the aggravated area (4 months to one year and six months) (excluding the types of intimidation habitually and repeated crimes of the four types): Class 1 repeated crimes (excluding the types of intimidation habitually and repeatedly among the four types);

2. Class 2 Crimes [The scope of recommendations] Crimes of Category 1 (General Assaults) (4 months-1 years) in the aggravated area (special aggravated persons) [the six types] of the same repeated crimes (Habitual and repeated crimes of Category 6).

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