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(영문) 의정부지방법원 2016.03.17 2016고단297

특수협박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, while residing in 101-dong 2006, residential apartment C, living in 101-dong 2006, was dissatisfied with the upper house of ordinary level due to noise between floors, was in a knife and a knife (22:20 on January 24, 2016, which was at the top of the upper house, was in a knife (20.5 cm length, 33 cm in total) and a knife, which was a dangerous object in a knife.

The upper floor of the victim D(41 tax) 2105, the upper floor of the victim D(41 tax) was found to be 60cm in total length, put up the door door, and opened the door as soon as possible.

B. Rabk

Omission Doll Dol Dol ;

Dok r. The victim opens a door and carrying dangerous things as above by the arb, “h h.h. so doing, h.h. h. so, h.h. h.

The term “intition” and the attitude that seems to result in danger and injury, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement concerning D;

1. Police seizure records and list of seizure;

1. Application of each existing statute in subparagraphs 1 and 2 of this paragraph;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution. Article 62 (1) of the Criminal Act on the condition that the following sentencing is favorable;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. The scope of the recommended sentence for the sentencing guidelines [the scope of the recommended sentence] the scope of the sentencing guidelines [the scope of the recommended sentence] the mitigated area (4 months to 1 year), the punishment of a person who is not subject to special mitigation [including a person who has made a serious effort to recover damage], or where considerable damage has been recovered from the mitigated area (4 months to 1 year), or the defendant's serious radius;

2. Although the sentence is determined by contingency, the Defendant, knife, knife, etc., which is a dangerous object, and the nature of the offense is hot.

However, the defendant's mistake is divided and reflected, the agreement is reached with the victim, the victim is not punishable by the defendant, and the defendant is punished by a fine due to drinking driving, etc., and his violent crime is committed in addition to the punishment of a fine.