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(영문) 창원지방법원 2018.08.31 2018고단1534

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is in a de facto marital relationship between the victim B (n, 38 years of age) and about 15 years.

At around 23:00 on March 5, 2018, the Defendant threatened the victim with the victim's house located in Kimhae-si, on the ground that the victim had another male, the victim booms the victim's neck by hand on his hand, the victim's defect in his/her attempt to report to the police, the food knife (the total length of 30cm, 18cm in knife) which is dangerous things in his/her kitchen, with the victim's knife at hand, with the victim's knife at hand, and threatened him/her as with the knife of the victim's knife and knifed."

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 against B;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) include: (a) the Defendant’s mistake in depth and reflects his fault; and (b) there are no other criminal records except that the Defendant has been fined several times; and (c) other conditions of sentencing as shown in the records and arguments including the motive, means and result of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual behavior; and (e) the sentencing guidelines of