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(영문) 수원지방법원 성남지원 2017.09.26 2017고단2227
특수협박
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2017, the Defendant: (a) 01:30 on August 11, 201, at the second floor of the Defendant’s house located in Sungnam-si, the second floor of the building located in Sungnam-si, the Defendant: (b) the victim E (30 years of age) residing in the first floor of the building found to be in order to resist noise that occurred during the dispute with D, the Defendant’s wife, and one-hour slicked for one hour; (c) said Defendant’s house door door sleeps of the above Defendant; and (d) said, the victim E (30 meters of length, about 19cm in length, and about 30cm in length, to die the victim; and (d) said, the victim snicked to the effect that “to continue to kill and kill the victim.”

Accordingly, the defendant carried a dangerous article, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the victim who was found by the defendant in order to resist noise between floors will die while threatening him/her.

As intimidation, the nature of the crime and the method of the crime are heavy in light of the contents and the method of the crime.

On the other hand, the fact that the defendant reflects the defendant's wrong, and the defendant's fighting caused the victim's resistance, which appears to result in the crime of this case somewhat contingently, the defendant agreed with the victim only, the victim does not want the punishment against the defendant, and the defendant seems to have lived faithfully without any specific punishment until now after entering the Republic of Korea.

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