beta
(영문) 수원지방법원 평택지원 2018.03.22 2017고단948

특수협박

Text

A defendant shall be punished by imprisonment for six 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

On April 4, 2017, the Defendant sent attention to the victim E (53), F (40 years), G (31 years), which was in progress due to parking problems in front of the D's studio building, which is the Defendant's residence in G, in the event of Gyeonggi-si on April 4, 2017, and did not hear it. However, the Defendant used excessive amount (23 centimeters in length, 12 centimeters in length in the kitchen of the Defendant's residence), which was kept in the kitchen of the Defendant's dwelling, and threatened the victims.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E, F and G;

1. Protocols of seizure and list of seizure, report on internal investigation and application of Acts and subordinate statutes to each investigation report;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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

1. Criteria for sentencing [Scope of recommended punishment] Type 4 (Habitual, Cumulative, Cumulative, Special Intimidation) basic area (from June to June) / None of the persons subject to special sentencing]

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- The nature of the crime of this case is not good, and there is a record that the defendant has been punished several times for the same crime. However, the crime of this case did not cause any other damage, and some victims do not want to punish the defendant. - The defendant is against his fault.