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(영문) 수원지방법원 2016.10.20 2016고단4751
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 2015, the Defendant was living together with the victim C (V, 46 years of age) on July 17, 2016.

1. 특수협박 피고인은 2016. 2. 7. 17:00경 화성시 D 건물 2층에 있는 피해자가 운영하는 ‘E’ 노래연습장에서, 피해자가 헤어지자고 했다는 이유로 “씨팔 내가 너한테 뭘 잘못했길래 헤어지자고 하냐.”며 그곳 서랍장에 있던 위험한 물건인 식칼을 들어 피해자의 목에 겨누고 “헤어지자고 한번만 더 해봐라”고 말하여 피해자를 협박하였다.

2. Intimidation;

A. On July 20, 2016, the Defendant: (a) threatened the victim with “I will come to know. I will come to know. I will come to go to know. I will come to go to know. I will come to go to know before I will come to know.”

B. At around 23:53 on the same day, the Defendant threatened the victim by sending the victim a message, “packer shall flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act, Article 284 of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence under Article 62(1) of the Criminal Act (which acknowledges and reflects the mistake of a person, and which has no record of criminal punishment as a result of a crime of intimidation) of the scope of the recommended sentencing guidelines under Article 62(1) of the Criminal Act (Article 62(1) of the Sentencing Guidelines) (Article 62(1) (Article 62(1) (Article 62(1)) (Article 4 of the Sentencing (Scope of Recommendation) (Article 4 (Habitual, Habitual, and 1.6) (Article 6-1) of the basic area (Article 62 of the Sentencing Guidelines) (Article 62(1) (Article 62(1

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