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(영문) 수원지방법원 안양지원 2019.07.09 2019고단509

특수협박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 12:00 on March 2, 2018, the Defendant, at the residence of the Defendant in the Sinpo City B apartment C, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (23 years of age) taken the Defendant’s Mapo-si’s Mapo-si (19.5 cm in length, 19.5 cm in length) and threatened the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 (1) and 283 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. The Defendant appears to have exercised domestic violence several times even prior to the reason for sentencing under Article 62-2 of the Criminal Act; the Defendant committed a crime again despite having been under special intimidation in 2017; and each domestic protection case was transferred due to a special assault in 2018; the instant crime cited and threatened the Defendant with excessive restriction, which is a dangerous thing for the victim, and the nature of such crime is not somewhat unfavorable to the Defendant.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is against the defendant, and the victim does not want punishment.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.