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(영문) 의정부지방법원 2017.08.30 2017고단3281

특수협박

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 9, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for a special injury at the District Court on August 2017, and the judgment became final and conclusive on June 17, 2017.

On June 4, 2017, the Defendant, at the house of the Victim D (V, 52 years of age) (hereinafter referred to as the “victim D”) No. 201, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, C, C, C, and C, C, C, C, C, C, C, C, C, C, C, 201, was not subject to telephone, followed by a b, B, B, B, B, B, B, C, and C, C, C, B,

“Intimidating”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the first statement protocol made by the police against D;

1. Each description and image of on-site photographs and investigation reports (Attachment of photographs of the tools of crime);

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (the fact that the person is under suspension of execution);

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) (the sentencing criteria shall not apply since there are concurrent crimes after Article 37 of the Criminal Act)

The risk of the instant crime, carrying a knife, was high.

In addition, Defendant 1 committed the instant crime without setting the sentencing date after the closing of pleadings for the case for which judgment became final and conclusive.

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant is living against the defendant while making a confession of the crime, the fact that the victim does not want the punishment of the defendant (35,37 pages of evidence records) and the fact that the judgment should be judged simultaneously with the case on which the judgment becomes final and conclusive,