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(영문) 의정부지방법원 2018.01.16 2017고단4913

특수협박

Text

A defendant shall be punished by imprisonment with prison labor 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

At around 03:55 on July 25, 2017, the Defendant: (a) putting the victim B ( South, 46 years of age) of the Yando-Eup Maan-si, Yando-si, Yando-si, 295-70, Manan-si, Manan-do-si, with bucking the bottom of the square bridge, which is a dangerous object for bucking with her bucks; (b) broken the bottom into the floor; and (c) putting the victim into the b

“Intimidating and threatening.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Photographss and field photographs of a shouldered small-scale disease.

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and

2. Scope of the recommended punishment for the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the recommended punishment] set forth in the sentencing guidelines, types 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) [the factors of special sentencing] mitigation: Reduction area of punishment [the scope of the recommended punishment] mitigation area [the scope of the recommended punishment] 4 months to one year.

3. Determination of sentence of the instant crime, the method, mode, risk, etc. of the instant crime, and the liability for such crime, shall not be minor;

However, the defendant shows his attitude to see and reflect his mistake.

The injured person does not want the punishment by putting the defendant on his / her letter.

The victim is also responsible for the occurrence of the crime of this case.

The defendant's health is not good because he is currently living under medical care due to tuberculosis.

In addition, the punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines by comprehensively taking into account the various circumstances shown in the arguments of this case, such as the age, sex, environment, and circumstances before and after the crime.