beta
(영문) 수원지방법원 성남지원 2016.08.24 2016고단1588

특수협박등

Text

A defendant shall be punished by imprisonment for six 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

1. On December 12, 2014, the injured Defendant, around 02:50 on and around 02:50, suffered injury on the part of the victim D and women who was a de facto spouse, and was in a dispute with the victim D and women's problem, which caused the victim's left hand by his/her hand, and caused injury to the victim, including about two weeks of left hand, which requires approximately two weeks of medical treatment.

2. A special intimidation: (a) the Defendant, at the time, at the place specified in paragraph 1, and at the time, at the time and place, brought about a knife (30cm in total length) which is a dangerous thing in the kitchen kitchen, and threatened the victim with a 's chest away from the chest of the said victim'.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate);

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of threat of dangerous articles) of the Criminal Act, and the choice of imprisonment, respectively;

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. The first crime for the reason of sentencing under Article 62-2 of the Social Service Order Act (amended by Act No. 62-2) was committed on the ground of the first crime [the scope of recommendations] committed on the ground of the second crime without the basic area (from June 1 to June ) (the scope of recommendations made] (the scope of recommendations made) of the second crime [the scope of general sentencing] of the basic area (from April 1 to January 6) of the first type (the scope of recommendations made] of the first type (the special sentencing person] of the first type of crimes (the final sentencing person] of the second class: June to February 3 (decision of sentence] was committed several times; the fact that the records of the crime were not received from the person in a de facto marital relationship was unfavorable; the fact that the crime was not a unilateral violence case; the fact that the crime was a mutual violence case, which was not a unilateral violence case; and the fact that the crime was committed at the time of mistake and was divided; each other, the motive, circumstances, and circumstances of the defendant before and after the crime, and other circumstances revealed.