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(영문) 수원지방법원 평택지원 2019.05.09 2019고단290

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 a person who resides in the C building D and the victim E (58 years of age) in Pyeongtaek-si B.

At around 16:30 on March 1, 2019, the Defendant: (a) received a protest from the victim with respect to noise generated from the foregoing No. D; (b) opened a door, which is a dangerous object (34.5cm in length, 21cm in length); (c) opened the door to the victim; (d) opened the door to the victim; and (e) sealed the victim, “I am off, I am off,” and “I am off,” and (e) threatened the victim, who continuously escaped, with the above knife as the knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of police seizure records and list statutes;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. In light of the fact that the crime was committed again despite the past record of punishment several times as a crime of violence with reason for sentencing under Article 48(1)1 of the Criminal Act, and that the risk of committing the crime was very high, the liability for the crime is not somewhat weak.

However, the punishment like the order shall be determined by taking into consideration the favorable circumstances, such as the fact that there is no record of punishment exceeding the fine within the last ten years, the fact that it appears to be a contingent crime, the confession and reflect of the crime in this case, and the fact that the victim does not want the punishment against the defendant by the smooth agreement with the victim.