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(영문) 창원지방법원 진주지원 2017.12.22 2017고단783

특수협박

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 29, 2016, the Defendant was sentenced to a suspended sentence of ten months for the crime of injury, etc. in the Jinwon District Court’s Jinju branch on October 2016, and the judgment became final and conclusive on July 7, 2016, and has four times more of the records of identical violent crimes in addition to the current suspended sentence period.

On July 29, 2017, the Defendant said that “A bitch bitch bitch son (here, 37 years of age) had been working,” from the victim D, a female living together, at the residence located in Jinju-si, 104 dong 502, Jinju-si, 2017,” and “A bitch bitch bitch bitch bitch.”

Recognizing the bath theory, “A knife knife knife knife knife, which is a dangerous thing in the kitchen, and the knife knife knife knife knife knife and knife knife knife knife knife.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Scarf photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of similar military records of the same kind);

1. Grounds for sentencing under Article 284 of the relevant Act and Articles 283 (1) of the Criminal Act (Punishment of imprisonment) of the option of criminal facts;

1. Recommendations for the application of the sentencing criteria: Persons who are subject to special sentencing from April to one year (the area of mitigation): No penalty shall be imposed;

2. The instant crime, the sentence of which was determined by sentence, is not likely to pose a threat to the knife of knife and knife.

In addition to the defendant's previous convictions, the defendant was sentenced to suspended execution on four occasions, and the crime of this case was committed during suspended execution period.

The agreement with the victim shall be considered as favorable circumstances.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.