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(영문) 광주지방법원 2015.12.09 2015고단3350
특수협박
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 12, 2015, at around 22:50, the Defendant: (a) deemed that the victim E (the age of 54) was assaulted by the victim E (the age of 54) in front of the c apartment 305 factory site in Gwangju North-gu, Gwangju, by being aware of the fact that D was in front of the c apartment 305 factory site; (b) considered that the victim E (the age of 54) committed assault, and (c) was in front of the Defendant’s house, and (d) was in excess (13 cm in length) that was dangerous in the Defendant’s house, and (d) caused the victim to be off his clothes, thereby threatening the victim by showing excessive and threatening

Summary of Evidence

1. Legal statement of witness E;

1. Application of the law to the statement of the police interrogation protocol against the defendant

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations on the sentencing guidelines [Determination of types] - Types 4 (Habitual, Cumulative, and Special Intimidation) (Special Intimidation) - The area of mitigation [Determination of the recommended area] 4-1 year [the scope of recommendation area] - The area of mitigation [the scope of recommendation area] 4-1 year [the general person] - The area of mitigation elements

2. Whether the suspension of execution is added - The major reasons for the suspension of execution: positive penalty not being imposed; and

3. Six months (two years of suspended execution of sentence) of imprisonment with prison labor;

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