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(영문) 광주지방법원 순천지원 2020.02.06 2019고단1849

특수협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is between the victim B (n, 54 years old) and the neighbor.

1. At around 09:20 on July 2, 2019, the Defendant: (a) acted in front of the victim’s home located in Gosong-gun, Gosong-gun, Gosong-gun; (b) on the part of the Defendant’s wife, the Defendant thought that the victim talks about several people as if the Defendant’s wife was the Defendant’s wife’s wife was able to talk about the Defendant’s wife; and (c) on the part of the Defendant, knife knife (13 cm in the knife length), one of the dangerous things (13 cm in the knife length), and did not interfere with the Defendant’s life.”

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

2. Around 09:30 on July 2, 2019, the Defendant was faced with a part of the victim’s left part, by gathering one greg (50 cm, height 25 cm) which is a dangerous object located at the place specified in the foregoing paragraph (1) by hand.

As a result, the defendant carried dangerous objects and carried them for about 10 days, brought about the following leg spons, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (the occupation of special intimidation and the choice of imprisonment), and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the nature of each of the crimes of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act, the nature of each of the crimes of this case on the grounds of suspended sentence, specific circumstances of crimes, etc. are inferior, there are no criminal records that the defendant has been punished more than fines and there is no same criminal records, there is no agreement with the victim, the defendant's reflectness, age, family relations, etc.