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(영문) 창원지방법원 통영지원 2016.01.22 2015고단1182
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On June 25, 2015, at around 10:15 on June 25, 2015, the Defendant was unable to move with the wheels of the agricultural wheels in the ridge between the two adjacent to the building B and the two adjacent to the building B, and the victim C (W, 45 years old) who was passing by the Defendant was not capable of moving with the wheels of the agricultural wheels;

Abrushes due to drinking alcohol; or

"I am this saw, I am saw a saw (30 cm in length) which is a dangerous object in possession of the victim who wanted the victim, and threaten the victim to turn on the saw.

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

2. The Defendant damaged a special property by getting off the above contact with the victim D, who was the husband of C at the scene of contact with the above C at the time and place specified in paragraph 1, with the above gallon-top, which is an object dangerous to the front gallon of the vehicle, and damaged the market price to cover repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to damaged vehicles and photographs of criminal implements;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act (the occupation of intimidation with a deadly weapon), Articles 369(1) and 366 of the Criminal Act (the occupation of damaging property carrying a deadly weapon) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62(1) of the Act on the Suspension of Execution (in light of the fact that the crime was committed with dangerous articles, the nature of the crime is not good, but it is agreed with the victim, and the defendant is against the law;

shall be taken into account when there is no past record of the suspension of execution or heavier punishment.

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