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(영문) 수원지방법원 2018.01.11 2017고단7280

특수협박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2017. 2. 21 01:50 경 화성시 C에 있는 피고인의 집에서, 배우자인 피해자 D( 여, 40세) 와 경제적인 문제로 다투다 화가 나 주방에 있던 싱크대에서 식칼( 총길이 30cm, 칼날 길이 18cm) 과 빵 칼( 총길이 30cm, 칼날 길이 21cm) 을 가지고 와 거실 탁자에 앉아 피해자 쪽에는 앞이 뭉툭 한 빵 칼을 놓고 피고인 쪽에는 앞이 뾰족 한 식칼을 놓은 후 피해자에게 “ 너가 먼저 찌를래

Then, the victim said, “I will commit suicide after the death of all his or her son and his or her son,” and by carrying the victim’s knife with things dangerous to display his or her knife at several times, the victim threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A criminal investigation report (as to the situation of dispatch to the scene);

1. Investigation report (with respect to the binding of photographs, such as knifs, etc. in the scene of crimes);

1. Application of Acts and subordinate statutes to a report on investigation (112 reported records of the case);

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing] / [the scope of recommendation / [the period of punishment ] 4 types of intimidation crimes [the period from April to one year] mitigation area (including special mitigation / special mitigation / her efforts to recover damage), or where considerable damage has been recovered (the decision of sentence / the decision of sentence ] unfavorable circumstances: The fact that the crime is not good in light of the circumstances and methods of the crime, and the fact that the victim was unlikely to feel a considerable fear, and that the victim was expected to feel a considerable fear (not having the right to institute a prosecution) by assaulting his wife around 2016: The fact that his mistake is recognized, there is no history of criminal punishment; the fact that there is no record of criminal punishment; the fact that the wife who was the victim after the prosecution of this case and the support for him/her, and that there is a social relation is clear.