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(영문) 전주지방법원 정읍지원 2018.10.04 2018고단219
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal records] On May 11, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution for a special injury at the branch court of the Jeonju District Court’s branch court’s branch court’s branch court, and the above judgment was finalized on May 18, 2017.

[Criminal facts] The Defendant: (a) at the first floor office of “C church” located in Jeong-dong, Si, Jeong-dong, 19:25 on April 14, 2018; (b) where he denies the victim D (36 years of age) who is a member of the said church; (c)

Whether they were not detained or not;

“Along with the desire to take a bath, a knife knife (32 cm in total, 18.5 cm in length), which is a dangerous object prepared in advance, threatened the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (on-site arrival status, etc.);

1. Evidence photographs;

1. Investigation report (to attach ct v images to the site of the case);

1. A seizure list;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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 suspended execution;

1. Protection and observation, community service work, and Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act - Unfavorable circumstances: The instant crime is highly dangerous in terms of its used lethal weapons, and the content of intimidation and the attitude of intimidation using them, and it appears that not only the victims but also many people in the church at the time have experienced a lot of threats and fears, and that the nature and the circumstances of the crime are very bad.

Although the period of probation has expired, the Defendant was sentenced to one year of probation on May 11, 2017 due to a special injury by using dangerous articles, and thus, it should be criticized for the instant crime using a deadly weapon even during the period of probation after being sentenced to one year of probation in June, 2017.

-The favorable circumstances: The defendant recognizes his mistake, reflects himself, and is living in good faith.

A victim shall be punished by the defendant in agreement with the victim.

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