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(영문) 수원지방법원 평택지원 2016.09.01 2016고단901

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 00:50 on May 15, 2016, at D operated by C in a de facto marital relationship with the Defendant in Pyeongtaek-si B, the Defendant listened to the victim E (the age of 55) who was a guest, that he had a meal like C while drinking together with the victim E (the age of 55), and carried out self-injury by breaking the beer disease, which is a dangerous object, into his head, and continuously carrying out 4 m in length (the length, 19cm, 19cm, 23cm, 31cm) which is a dangerous object stored in the kitchen, and said that he will kill the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and C;

1. Seizure records;

1. Application of Acts and subordinate statutes to field photographs and seized articles;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Consideration of the degree of threat inflicted by the defendant for sentencing under Article 48(1)1 of the Criminal Act, circumstances leading to the crime, the fact that the defendant does not have the same criminal record, and the fact that the victim does not want the punishment