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(영문) 광주지방법원 목포지원 2019.06.14 2019고단434
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

On December 21, 2018, the Defendant had a record of being subject to the disposition of transmitting home protection cases due to a special intimidation with the Gwangju District Court's Branch on December 21, 2018, and is between the victim B (V, 48) and the couple.

At around 13:00 on April 24, 2019, the Defendant: (a) at the Defendant’s house located in Yong-gun, Yong-gun, Yong-gun; (b) during the course of a dispute with the victim, the Defendant used the horses in excess ( approximately 9cm in length) which is a dangerous object in the kitchen, and used the Defendant’s right hand hand hand hand hand hand, “I will see it,” and “I will see it,” and used it as “I am dead and dead, I will am dead,” and used it as an expression “I am dead, I am dead, I will am dead,” and used it as an expression “I am dead, I will am dead, I am dead,” and used it as an expression “I am dead,” and used it as an expression “I am dead, I am dead,” and then divided the victim into the victim’s son and son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (related to photographs of victims), investigation report (limited to excessive photographs of those seized);

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) of the Criminal Act that choose the penalty, Articles 261 and 260(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) (Special Violence / [Attachment 6] / Cumulative Offense, Special Violence (Special /Special Violence / Aggravated Punishment): Where the degree of the assault is insignificant (Special / Aggravated Punishment : 1,6, and 7): In cases where the degree of the assault is minor (the recommended field and the scope of recommended punishment) / Special mitigation area, and January through February;

B. Second Crimes (Special Intimidations) (Determination of Punishment) and Intimidations [Type 4], repeated crimes, special intimidation.

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