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(영문) 수원지방법원 2017.03.09 2016고단8059
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2016, the Defendant: (a) around 02:00, as the introduction of Suwon-si C and 102, performed drinking with the victim E (28 years) first, while drinking alcohol with the Defendant’s residence; (b) made drinking with the Defendant, and threatened the victim with the kitchen knife (20cm length: 20cm), which is a dangerous thing in the kitchen where the Defendant was making the drinking while drinking with the victim E (28 years of age); and (c) threatening the victim by taking the kitchen knife (20cm in length: 20cm), which is a dangerous thing in the kitchen where the Defendant had the escape; and (d) threatening the victim by taking the knife (23cm in total length: 23cm in the victim’s house) as the knife of the victim.

Accordingly, the Defendant, while carrying dangerous objects as above, acted as a harming the body of the victim, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police interrogation protocol for the accused;

1. Statement made by the police for E;

1. A report on investigation (special violence);

1. 112 Reporting case handling table;

1. Police seizure records and list of seizure;

1. Application of on-site photographs 8), photographs of seized articles, kitchens, and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the scope of recommendations] / Where the degree of intimidation is minor in the area of special mitigation (two to one year), (i.e., Types 1, 4, and 5); (ii) the extent of comparative sentencing between the sentences of non-execution of punishment and the recommended sentences: February 1 to one year [Pronouncement Decision] - The crimes using dangerous articles favorable to the defendant - The circumstances favorable to the defendant - The circumstances favorable to the defendant: each of the above special mitigation factors (minor punishment, minor punishment), contingent crimes, serious reflects, and no other criminal records; and (iii) other matters that are conditions for sentencing under Article 51 of the Criminal Act;

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