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(영문) 의정부지방법원 고양지원 2019.09.20 2019고단1904

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 subparagraph C of the building B in Gyeyang-gu, Gyeyang-gu, and the victim D (18 years of age) is a person who resides in the next floor.

On June 3, 2019, around 22:14, 2019, the Defendant cited a kitchen knife (30cm in total length, 18cm in knife) which is a dangerous object in his or her dwelling, on the ground that the victim was slick in his or her dwelling, and found the victim “B”

I see, the victim was threatened by carrying dangerous things with the expression "ponner".

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements on damage);

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;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area ( April to one year and six months) of the crimes of intimidation (the scope of the recommended sentence];

2. In light of the fact that the Defendant was punished for the same kind of crime, the nature of the instant crime is not weak in light of the risk of carrying things, but considering favorable circumstances, such as the recognition of the instant crime and the reflection of his mistake, and the fact that there was no record of punishment exceeding the fine, the sentence shall be determined as ordered by taking into account the following circumstances: the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime.