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(영문) 수원지방법원 안산지원 2017.08.30 2017고단1722

특수협박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

피고인은 2017. 6. 4. 01:30 경 안산시 상록 구 B에 있는 피고인의 집 앞 놀이터에서 피해자 C(16 세) 등의 청소년들이 술을 마시며 시끄럽게 떠들자 조용히 하도록 하였으나, 위 피해자 등이 그 말을 듣지 않자 이에 화가 나 피고인의 집에서 위험한 물건인 부엌칼( 총길이 32cm , 칼날 길이 19cm ), 과일칼( 총길이 24cm , 칼날 길이 13cm ) 을 가지고 나와 양손에 쥔 채 위 피해자에게 욕설을 하면서 피해자를 찌를 듯이 위협하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation (to hear statements made by shots D);

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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. The community service order under Article 62-2 of the Criminal Act;

1. Extent of recommending grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The sentencing range of punishment shall be set to be lower than the minimum sentencing range of the recommendation, considering the following: (a) the basic area (from June to January, 1) of Article 48(1) of the Confiscation Criminal Act (i.e., the period from June to June) (i.e., the period from which there was no special person subject to sentencing) (i.e., the period from which the Defendant committed the instant crime was committed because he did not participate in the course of giving instructions to juveniles; (b) even though the Defendant committed four violent offenses, the Defendant had four violent offenses, but was last 191, and all of the fines were punished.