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(영문) 창원지방법원 통영지원 2019.05.16 2019고단139

특수협박등

Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant and victim B (the age of 48) were de facto marital relations.

On October 2, 2018, the Defendant: (a) around 13:50 on October 2, 2018, at the residence of the victim of Tong Young-si C Apartment D, and (b) the Defendant heard the horses that he dances from the victim on the ground that he was out of the Province; (c) obstructed the body of the victim; (d) obstructed the victim’s neck; and (e) obstructed the victim’s neck (15.5cm in length and 27.5cm in length) with a knife, which is a dangerous object in the living room singinging of the victim; and (e) stated that the victim “scopage, knife in the knife in the knife.”

Accordingly, the defendant assaulted the victim and threatened him with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 reported case handling table;

1. Each photograph;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 260(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

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

2. Scope of recommended sentences according to the sentencing guidelines of the Supreme Court;

(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) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: From April to January 11 (the maximum of crimes No. 2).

3. When he/she threatens a victim to wear a dangerous thing in sentencing;