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(영문) 창원지방법원 마산지원 2020.03.24 2019고단1036

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim B and the married couple.

At around 02:00 on June 14, 2019, the Defendant was dissatisfied with the victim’s fighting, and at around 02:00 on June 14, 2019, entered the house using a fire extinguisher, and the victim was living in the front room and talked with the victim while opening the door in order to make the Defendant genuine, the Defendant threatened the victim with the transition, which is a dangerous object under the supervision of the phish, and then, again, she threatened the victim with the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes, such as photograph of criminal implements;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] (the type 4] violent crimes, repeated crimes, special intimidation (Special Intimidation) (the elements of mitigation): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered, the area of mitigation of punishment [the scope of the recommended punishment and the recommended punishment], and two months to one year;

3. The Defendant cited excessive sentence and threatened the victim, who is his spouse, with intimidation.

There is injury to the spouse even before.

There have been several experiences of punishment for violent crimes.

However, the defendant did not directly injure the defendant.

No sentence shall be imposed on the accused.

After the closing of argument, the victim does not want the punishment of the defendant.