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의정부지방법원 2016.07.22 2016고단2024

특수협박등

Text

A defendant shall be punished by imprisonment for four 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

The defendant is a neighbor who lives in the next house of the victim D(58).

The Defendant, at around 19:55 on May 27, 2016, purchased a knife (the knife length: 21cc, the knife length: 13cc: : 13cc.) which is dangerous in the “F Mt” located near the victim’s house, and then used a knife at the victim’s joint 1st floor of the 20:10 on the same day, and used a knife to capture the knife with the victim’s knife with the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

"To make a sound so as to have expressed the attitude of harming the life or body of the victim."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Investigation reports and investigation reports ( investigation into the suspect's residence and cases of the knife purchase wife);

1. Application of the Acts and subordinate statutes to photographs, photographs, dwellings, and photographs of damaged persons;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the mitigated punishment (4 months to 1 year), the mitigated area (4 months to 1 year) (special mitigated persons] is not subject to the punishment;

2. When considering the fact that the crime of this case by which the defendant has threatened the victim in knife and the nature of the crime is not good, and the risk of causing serious injury to the victim was also considered, the liability of the defendant for the crime of this case shall not be minor.

However, the defendant recognizes all of the crimes of this case and reflects them, and the defendant has no record of criminal punishment until it.