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(영문) 전주지방법원 2015.11.18 2015고단1525
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 12:50 on May 31, 2015, the Defendant, at the “D store” operated by the victim C, who is a woman of the Defendant’s mother in Kim Jong-si, Kim Jong-si, in order to listen to the question that the Defendant was suffering from drinking the victim’s virtue, and to comply with this, the Defendant threatened the victim by putting one hand knife (13 cm in daily length, 37 cm in natural length) and one knife (21 cm in length, 11.5 cm in natural length) (37 cm in natural length), which are dangerous things found in the store, on the store in the store.

2. Around 12:50 on May 31, 2015, the Defendant driven a F vehicle owned by a gender-based company in the section of approximately 30 kilometers from the Defendant’s home located in Kim Jong-si to the front day of the D store located in Kim Jong-si B while under the influence of alcohol by 0.11% of the blood alcohol concentration of 0.50%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (victim);

1. Seizure records;

1. Application of Acts and subordinate statutes to report the circumstantial statements of a driver of a drinking alcohol driver and regulations governing drinking driving;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283 (1) (a) of the Criminal Act that prescribes the option of punishment, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest sentence shall be the punishment determined for the violation of the Road Traffic Act];

3. Article 62 (1) of the Criminal Act (The following consideration given to the defendant in favor of the sentencing).

4. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to eight years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes for which the sentencing criteria are set (the determination of types of intimidation) (Habitual, Cumulative, and Intimidation) types 4 (Habitual, Cumulative, and Special Intimidation) (Special Convicts): mitigated elements: In cases where the punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered;

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