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(영문) 창원지방법원 통영지원 2015.12.11 2015고단858
특수협박등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On March 30, 2015, the Defendant was able to receive from the victim E (56 years of age) who is the head of the working group in the contact office of the 47-dong office located in C at a am and am on March 30, 2015.

1. 피고인은 2015. 3. 30. 16:00경 피해자의 휴대전화에 전화를 걸어 욕설하며, “넌 죽여버려 이 씹할 놈아. 이 씹할 놈, 니 혓바닥부터 내가 쫙쫙 찢어서 죽여버릴라니까. 뒤져도 곱게 죽고 싶으면, 이 개새끼야 내일 보자. 니 살을 따가지고 씹어 먹어 버릴라니까.”라고 말하여 피해자를 협박하였다.

2. At around 08:30 on March 31, 2015, the Defendant: (a) considered the victim’s disregarded from the victim at the above D’s adjoining office; (b) took the knife of the knife, which is a lethal weapon, in one’s own door on the gnife net, into the knife hand, and took the knife of the knife at the knife’s office; (c) taken the knife in the office, and threatened the victim with a deadly weapon, “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Partial statement of the defendant;

1. E prosecutorial statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on recording;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of imprisonment with prison labor, respectively;

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 ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - Type 1 [the scope of recommendations] 4 (Habitual Offense, Cumulative Offense, Special Intimidation) is the basic area (6-1 year and 6 months) - No person who is a special person] - Type 2 crime [the scope of recommendations].

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