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(영문) 수원지방법원 안양지원 2020.05.08 2019고단2419
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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 and the victim B (the 37 years of age) are marital relations.

At around 00:15 on November 16, 2019, the Defendant threatened the victim by carrying a dangerous object with a knife (20cm in total length, 15cm in length on the day), which is a dangerous object located in the drinking cream of a ward, on the ground that the Defendant had been divorcedd, at the Defendant’s residence located in the Manan-gu Dag-gu C loan D, Manyang-gu, Annyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes, such as field photographs and kniff photographs;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of recommendations according to the sentencing guidelines: From two months to one year (decision on a type of punishment) violent crimes; [Type 4] repeated crimes and special intimidation (specially imprisoned persons): Reduction elements: Reduction areas of punishment (the area of recommendation and recommendation range); Reduction areas of punishment (the scope of recommendation range and recommendation range); and two months to one year.

3. The defendant who is sentenced to sentence has threatened the victim, who is his spouse, with a knife and killed at home, and the nature of the crime is bad.

The defendant was not compensated for damage to the victim.

However, in full view of the fact that the defendant is divorced from the victim that the victim is not subject to the punishment of the defendant, and other circumstances that are the conditions for sentencing specified in the pleadings of this case, the punishment as ordered shall be determined.

Public Prosecution Rejection Parts

1. On November 16, 2019, the Defendant was at the Defendant’s residence located in Mayang-gu Cown-gu, Annyang-si, Annyang-si, on the ground that the victim B (n, 37 years of age) returned home late, and the victim B (the victim was at the latest and well known to the Defendant, and the Defendant was at the same time killed.

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