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(영문) 수원지방법원 2017.07.11 2017고단3632

특수협박

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

The defendant and the victim C(45) are neighboring buildings of multi-household houses located in Young-gu, Young-gu, Suwon-si.

On May 24, 2017, at around 17:40, the Defendant issued a disposition of notification as an drinking disturbance with the victim on the day before the victim’s house located in the above multi-household B02. On that day, the Defendant left the kitchen knife (the total length of 33cm, the knife length of 20cm) with the kitchen knife (the total length of 33cm, the knife length of 20cm), and knife the victim’s house, and knife the victim’s knife, knife, knife, the knife, the knife, the knife, the knife, and the death.

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police for E;

1. On-site photographs and photographs of seized articles;

1. List and record of seizure;

1. Application of the Act and subordinate statutes to investigation reports (in relation to this case, attaching a list of reported cases 112) and investigation reports (in relation to the submission of photographs to victims);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. In the area of mitigation (from April to one year), the area of mitigation (special mitigation) of four types (Habitual, repeated, repeated, and special intimidation) shall be mitigated, subject to the sentencing guidelines: Non-guilty penalty;

2. Circumstances favorable to the accused shall be as follows:

The defendant committed the crime of this case in depth through prison life, and reflects his mistake.

It seems that the defendant's argument with the victim in a drunken state has caused a contingency to commit the crime of this case.

The defendant did not exercise his physical force against the victim.

The defendant usually agreed with the victim, and the victim is seeking the preference against the defendant.

(b) the defendant;