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(영문) 광주지방법원 목포지원 2019.10.18 2019고단280
특수협박
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 53 years of age) and the 15 years of age.

Around 09:30 on February 3, 2019, the Defendant threatened the victim on the ground that the Defendant attempted to talk with the victim on the grounds that the victim did not make any speech at any time in the room of the victim’s home, such as her marcing drinking, her marcing, division of property, etc., but the victim attempted to talk with the victim on the ground that she did not make any speech, and that “the marcing was satisfing............................................., the Defendant used excessive (18cc..........................) that was dangerous things in the warehouse (80cc. length and 18cc..).”

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Protocols of seizure, list of seizure, mound, mosss, seals, excessive costs and photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to confirmation of the intent of punishing victims);

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the punishment, and reasons for sentencing;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. Determination of sentence: The degree of danger of six months of imprisonment is heavy, the defendant has the same criminal records, the defendant maintains separate status with the victim after the crime of this case, but the defendant frequently finds the house of the victim while living in his line without a certain residence and takes a bath by telephone, and thus, the risk of recidivism exists, and it seems that the victim could not be taken true from the victim, and all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, family relation, etc., shall be considered.

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