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(영문) 수원지방법원평택지원 2020.10.30 2020고단647

특수협박

Text

A defendant shall be punished by imprisonment for six 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

The defendant is the husband of the victim B (here, 55 years of age) and is the victim C(31 years of age).

At around 00:00 on March 18, 2020, the defendant has a conflict with the victim B as a matter of divorce in the dwelling of the defendant in Pyeongtaek-si D or E.

I tried to see that the victim C tried to see it, and the victim scam and scam the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif kn

Accordingly, the defendant carried dangerous objects and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning C and B;

1. 112 Reporting case handling table;

1. Seizure records;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Special Intimidation against Victims C with heavy penalty), among concurrent crimes;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant is trying to exercise domestic violence, and the defendant is subject to restraint from C, and the knife knife knife knife knife C and B, and the nature of the crime is not weak.

However, the order is issued by comprehensively taking into account the following factors: the defendant reflects the crime, has no record of the same kind in addition to the previous conviction of the fine, the victims have not been punished, and the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and the circumstances after the crime.