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(영문) 의정부지방법원 2019.05.08 2019고단1197

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On February 5, 2019, between 18:00 and 22:00, the Defendant, while under the influence of alcohol, and the victim D (the age of 56) brought about a dispute with her child only on the ground that he/she was fluencing that the victim D (the age of 56) was fluencing, he/she threatened the victim by putting about 10 cent of the knife length of the knife and knife (the knife knife knife knife knife) and knife the knife at this house.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of field photographs and blades Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations according to the sentencing guidelines] is the crime of threatening a victim living together with the defendant under the influence of alcohol (decision of sentence), namely, the mitigated area (influence of punishment, February to 1) of the mitigated area (influence of repeated crime and special intimidation), and the crime of threatening a victim living together.

At the time of committing the crime, the victim fear or shock would have been considerable.

The defendant has been punished several times as a violent crime even before.

However, the fact that the defendant is against the recognition of the crime, and the victim's intention to continue to live together with the defendant is not punishable for the defendant, considering the favorable circumstances.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.