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(영문) 의정부지방법원 2017.05.17 2017고단1258
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, along with two follow-up players, is a person who is found to be a customer in the “D dan” operated by the victim C (V, 49 years old) at the Government of the Gyeonggi-si.

1. A special intimidation around 02:00 on March 15, 2017, the Defendant: (a) sent the following back-up vessels to the victim on the ground that the victim neglected himself/herself by putting his/her stud pack, etc. in his/her stud, etc. at the studio in the above studio; (b) sent the victim first, while the victim was creamed, string the string, and 20cm in the kitchen in the above studio; and (c) expressed the attitude that the victim would pose a threat to the life and body of the victim by sound, etc. of the victim.

2. For the same reasons as the date and time set forth in Paragraph 1 at the place, the Defendant damaged the victim’s property by gathering a ster, tamp, tamp, etc. at the market price, which was the victim’s studio in the instant main shop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Protocols of seizure and list of seizure, articles of evidence and photographs of damage, and application of video Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing as set forth below) of the suspended sentence [the scope of statutory applicable sentences] Imprisonment with prison labor for not more than ten years [the type of special intimidation]: The crime of destroying property among violent crime groups (Habitual repeated crime, repeated crime, special intimidation): Type 4 of the general criteria among the crime of destruction of property: Each element of mitigation [the person subject to special sentencing] of the crime of special intimidation [the scope of recommendation]: The crime of destroying property from April to April:

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