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(영문) 전주지방법원 군산지원 2017.11.22 2017고단1163
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. A special intimidation: (a) on September 15, 2017, at around 22:00, the Defendant suspected of having the appearance of the victim E (M, 41 years of age) who is his wife, and was in danger of chemicalation ( approximately 35 cm in total length, about 25 cm in length, about 25 cm in length) and rhyth of the kitchen (a total of about 40 cm in length) and then threatened the victim with the loss of the victim. (b) On the other hand, the Defendant found the victim who was working there, and then threatened the victim with the victim’s appearance of the victim. (c)

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

2. The Defendant violated the Road Traffic Act (drinking driving) driven a FIP car under the influence of alcohol with about 0.119% alcohol concentration from the first apartment 3-dong parking lot of about 700 meters to the place indicated in paragraph 1, which was considered in 56-lane 56, Sinsan-si, Sinsan-si, Sinsan-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A protocol of interrogation of the police officer in relation to G, a protocol of each police statement concerning H and I;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of subparagraphs 1 and 2, which have been seized;

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (Special Intimidations, Selection of Imprisonment), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking and the choice of imprisonment) of the Criminal Act concerning the crime;

2. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the scope of the sum of the long-term punishments for both crimes, but the lower limit shall be the same as the punishment determined for the crimes of violation of road traffic Act).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the sentencing guidelines shall be limited to the crime of special intimidation] [the scope of recommending punishment] [the scope of the crime of intimidation] where the mitigation area (4 months to 1 year), the mitigation area (4 months to 1 year), the punishment source (including a serious effort for recovery of damage), or considerable damage is restored [the sentence].

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