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(영문) 광주지방법원 해남지원 2016.03.31 2016고단42
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) around September 25, 2015, at the entrance of the entrance of the entrance of the victim C in South-Namnam-gun B prior to the death of September 25, 2015, the Defendant always made the victim’s speech that disregards himself/herself; and (b) asked him/her at the back of the death.

For the reason that he threatened himself, the victim threatened himself with a knife (31.5cm in length, 20cm in length) and knife (22.5cm in length, 12cm in length in knife) respectively, and threatened him with a knife, and threatened him with a knife and a knife, and threatened him with a knife.

2. The Defendant damaged special property by means of a knife knife, which is a dangerous object cited in knife at the time and at the place specified in paragraph 1, and a knife knife knife knife knife 31.5cm in length, 20cm in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made by the police in relation to C; and

1. A protocol of seizure and a list of seizure;

1. Four copies of a photograph, photographs related to the destruction of property, deadly weapons, etc., ctv course photographs related to intimidation;

1. Two copies of a written estimate;

1. Application of Acts and subordinate statutes on investigation reporting;

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 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Where the victim is also fully responsible for the occurrence of a crime of special intimidation [the scope of a recommended punishment] Class 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) in the area of mitigation (4 months to 1 year), (a person who is specially mitigated] in the area of mitigation;

B. Crimes of destroying special property [the scope of recommended punishment] habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) are mitigated area (4 months to 10 months).

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