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(영문) 의정부지방법원 2016.09.20 2016고단3002

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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2016, the Defendant: (a) at one’s house located in 601, the Government of Jung-si, 10:00 on June 1, 2016, on the basis of whether D was divingd with other male and female friendly job offers D and D victims E (22 years, women). During being asked, the victim and D were different from the other male and female, and (b) the knife (10cm length of the knife) with knife (10cm length of the knife), followed the victim and the victim, and (c) with the knife of the knife (10cm length of the knife, life, knife knife knife knife knife knife knife knife knife knif.).

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 for E;

1. A report on occurrence (special intimidation) and an investigation report;

1. Application of the Acts and subordinate statutes to photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The scope of the punishment under Article 62(1) of the Criminal Act is as follows: (a) the mitigated area (4) (4 months to 1 year), the punishment not for a person subject to special mitigation (including a serious effort to recover damage), or where considerable damage was restored (a decision of sentence] (a decision of sentence] the criminal liability should be punished as imprisonment in that it threatens a defendant with a knife, which is a dangerous thing, because of such a threat.

However, in light of the nature of the instant crime, age, sex and environment of the Defendant, motive, means and consequence of the instant crime, etc., such as the fact that the Defendant committed the instant crime and committed a mistake, agreed with the victim, that the victim did not want the punishment of the Defendant, and that the Defendant was the primary offender, the punishment as ordered shall be determined by taking into account the conditions of sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime.