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(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2275

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On May 31, 2018, around 00:15, the Defendant, in front of the entrance door of the victim C (39) located in B, 204 Dong 405, Dong 305, the Defendant: (a) brought the victim’s house door and floor door up several times with an Aluminium room in Aluminium located in a dangerous object ( approximately 82 cm in length, No. 1) with a view to the noise problem between floors; (b) brought down the victim’s house door and floor in several times; and (c) flain death.

The sound of "deflucing down of a quid pro quo," opening a door door, and taking actions that seem to be able to take the view of the open room for the victims of the book, and the string has died.

뭐 하러 애는 그렇게 싸질러 놨냐

“.....”

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 C;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of mitigation (two months to one year) in the area of mitigation (two months to one year) (a person subject to special mitigation) of the sentencing criteria for the crimes of intimidation [the scope of recommending punishment].

3. Determination of sentence of this case and the Defendant’s liability for the crime in light of the background and method of the crime in this case is not easy.

However, the court shall take into account the favorable circumstances in which the defendant's mistake is recognized and the injured party is not punished by the defendant by mutual agreement with the injured party, and shall take into account all factors of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, etc., and determine the punishment as ordered.