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(영문) 대전지방법원 2018.01.18 2017고단4530
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 5, 2017, the Defendant: (a) 19:30 on November 5, 2017, the victim B (the remaining, 57 years of age) (the victim), who is a flat seat, was able to listen to the Defendant’s desire, and was frighted to the victim’s religious mind; and (b) the victim was frighted to the victim; and (c) the victim was frightd to the D restaurant operated by the victimized Party C of the Chungcheongnam-gun-gun, Chungcheongnam-gun, the Defendant 14cm in length of the day (14cm).

After arrival at the above place, the defendant found the victim's getting on the E-Sra car, and damaged the part of the victim's vehicle blicks, such as the exchange of the victim's vehicle blicks, one time before the victim's vehicle blicks.

2. The Defendant, at the time and place set out in paragraph 1, has left the victim’s car as set out in paragraph 1 at the time and place, has continued to threaten the victim as if the victim, who was on the driver’s seat of the said car, was a dangerous object, with the driver’s seat window affixed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes concerning photographs, estimates, sites, and photographs of damaged vehicles;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act concerning the selection of punishment (a point of destruction of special property), and Articles 284 and 283(1) of the Criminal Act (a point of special intimidation);

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 Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the defendant's age, occupation, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the various conditions of sentencing as ordered by the argument of the case, shall be determined by comprehensively taking into account the following circumstances, and other conditions of sentencing as stated in the argument of the case.

Unfavorable circumstances: In light of the circumstances and contents of each of the crimes in this case, the crime liability is not less and more severe, and it is advantageous to the fact that there has been several penalties for violent crimes.

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