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(영문) 서울서부지방법원 2020.01.15 2019고단2890

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has been in an incurable relationship for about two years with the victim B (the victim, 38 years of age) and about two years.

1. Around 00:00 on May 31, 2019, the Defendant, at the victim’s house located in Eunpyeong-gu Seoul, Eunpyeong-gu C and D, had the victim’s horse listened to the horses, the Defendant saw the Defendant’s clothes using a dangerous knife (32 cm in total length, 20 cm in chloth) that is a dangerous object, and, “Nero chlothing. She will be fested. Mad. Ma. Ma. Ma. Ma.” The Defendant threatened the victim by showing that the victim would have any harm to the victim if the Defendant did not comply with the Defendant’s request.

2. The Defendant assaulted the victim by taking the victim’s hand at the above date, time, place, where the Defendant was intending to inflict damage on the Defendant, and by destroying the victim more than once.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes of blades and photographs used as criminal tools;

1. Relevant Articles 284 and 283(1) of the Criminal Act concerning the crime, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the crimes above to the punishment determined for special intimidation heavier than the punishment) among concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Group 2 (Determination of Punishment for Violence) Crimes: Violence / [Class 1] General Violence (Special Aggravation): Recommendations for a crime committed by showing the power of group or multiple persons or by carrying dangerous objects.