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(영문) 수원지방법원 성남지원 2019.09.04 2019고단1296

특수협박등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. From November 2017 to December 12, 2017, the Defendant used a food knife, which is a dangerous object on the kitchen G apartment C, at the dwelling of the Defendant and the victim D (n, 47 years of age) in Gwangju City, and used a knife with a knife, "I will die as you look at a knife knife and knife in a knife," and knife knife knife knife knife knife knife knife and knife knife knife knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On February 5, 2019, from around 01:35 to around 13:19 of the same day, the Defendant forced the victim D to write a note stating, “I will kill the victim D by turning on the dynasty fest, and to kill the dynasty because the dynas might not have the dynasty, because the dynasty might have the dynasty dynasty dynasty dynasty dynasty,” and let the victim drinking with the fynasty, “I can live too much in the domestic life, but I will first live well with the thickness of the dynasty, all of them live well.”

Accordingly, the defendant, through intimidation, caused the victim to perform a non-obligatory act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the complaint filing statement and family environment survey statement;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 324(1) of the Criminal Act and Article 324(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 Crimes (Special Intimidations) (Special Intimidations). Intimidations [Type 4] Cumulative Offenses, Special Intimidation (Special Intimidations) mitigateds: to recover from damage caused by nonperformance of punishment.