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(영문) 수원지방법원 안양지원 2018.10.12 2018고단1119
특수협박
Text

A defendant shall be punished by imprisonment for six 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

On June 12, 2018, the Defendant: (a) demanded the victim D (V, 57 years of age) who was the head of the household in front of the Defendant’s residence located in Ansan-gu, Mayang-si, Annyang-si, to pay a monthly rent that is pushed down to the Defendant, and (b) caused the victim’s children inside the house in advance, and (c) caused the knife knife (33cm in total length, 20cm in length) by hand to the victim and throw away the knife (the knife, knife).

“Intimidating” the term “.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The number of crimes committed by carrying dangerous articles with reason for sentencing under Article 48(1)1 of the Criminal Act is bad.

In 2017, a fine has been imposed for the same crime, and the suspension of indictment has been imposed due to a special assault.

However, the defendant seems to have committed crimes at the trial stage.

Upon completion of the agreement with the victim, the victim seems to have moved his/her residence in accordance with the agreement.

The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.

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