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(영문) 창원지방법원 2018.04.11 2017고단4241

특수협박등

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

Punishment of the crime

On October 19, 2017, the Defendant: (a) around 13:00, in the residence of the victim C (56 years) who is the head of the Defendant (the Defendant) who was the Defendant’s apartment B apartment 305 - 1406 dong 1406, Sungwon-si, Sungwon-si, Sungwon-si, on the ground that the injured party, while drinking alcohol together with the victim, does not recognize the marriage of the Defendant and the Defendant’s wife; (b) caused the fraud that could not know the market price that includes any excessive day on the floor, and destroyed it by drinking a knife, which is a dangerous object in the main room ( approximately 21 cm in length, approximately 34 cm in length), and threatened the victim by stating that he will die his left arms, etc., and by threatening him.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 284, 283 (1), and 366 of the Criminal Act concerning the selection of punishment, and Articles 36 of the same Act; and imprisonment with prison labor;

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

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

1. Persons subject to special sentencing under Article 62-2 of the Criminal Act, whose sentencing is 4 months of special intimidation on the basis of the reduction of types of punishment between April and June of one year and June of one year to two years (the representative explanation is made only for the crime of special intimidation in the judgment): The sentence of the reduction of punishment (not to four months or one year): General sentencing person in the area of mitigation (not to be punished): The sentence of the sentence of October: Imprisonment with prison labor for a period of 10 months or suspension of execution, 2 years in suspension of execution, 40 hours in attendance: The risk of a crime, the reason for reduction of liability for a crime subject to punishment, etc.: A confession, a person not subject to punishment, a person without previous conviction, his or her dependents (one minor child or one person for a minor), etc.;