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(영문) 청주지방법원 충주지원 2017.07.11 2017고단432
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is currently living separately between the victim B (V, 45 years old) and the married couple in around 1998.

1. On February 24, 2017, the Defendant damaged the special property: (a) on the west-do, Yong-do, the 17-ro 17-gil, Jindo, the Dog-do, the 19:25 on the 24th day of 2017, saying, “I will come her fly,” but the victim respondeds to “I will not speak,” and (b) on the ground that the victim respondeded to the “I will not speak.” (30 m in length) while taking dangerous things under the Defendant’s driver’s seat, the Defendant 380,000 won was damaged by making the front glass and the front glass of the driver’s seat on the part of the victim’s car parked next thereto.

2. Special intimidation: (a) the Defendant, at the time and place set forth in the above paragraph (1) as well as at the time and place, expressed the victim’s behavior that would have been at the time, and expressed that the victim would have been at the time when she would be at the time, by again taking the lost value (40 cm in length), which is an object dangerous to the Defendant, as his/her hand, to prevent the victim from doing so; and (b) threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Reporting on the arrest of a case;

1. Photographs (debrising, rolling stock);

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Simple receipts for repair expenses;

1. A report on internal investigation:

1. Each investigation report (in relation to the reporter D's statement, attaching a copy of a summary receipt of the damaged vehicle's repair and attachment of the report, the details of attachment, such as the application for coal, and the details of attachment of the application for

1. Relevant Articles 284, 283(1) (the point of special intimidation) of the Criminal Act, Articles 369(1), 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. A crime falling under the scope of the recommended sentence according to the sentencing guidelines (the scope of the recommended sentence).

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