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(영문) 창원지방법원 통영지원 2016.11.11 2016고단1410

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around 22:00 on August 28, 2016, at the defendant's house located in Tong Young-si B apartment, the defendant, at the defendant's house located in Tong Young-si B apartment, and on the grounds that the victim C (the spouse, the 34 years of age) was assaulted by the defendant before the day before the defendant, and the victim D (the 9 years of age) was aware of the fact that he was sent to the mother, and the victim D (the 9 years of age) was able to report the appearance to the mother, and the defendant was able to take advantage of the fact that the victim D (the 9 years of age), who was her spouse, was able to take care of the victim C and the victim E (the 5 years of age), who was the victim and the 16 meters of the knife at the victim's face, and expressed the victim's knife's face to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes of blades;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as exemption from punishment for victims, absence of records of punishment after 2008, and the fact that the accused is against the law);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;