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(영문) 서울동부지방법원 2018.11.02 2018고단2979
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is in a marital relationship with the victim B (the female, the age of 56).

On June 3, 2018, the Defendant: (a) around 11:45, at a D restaurant operated by the injured party in Gangdong-gu Seoul Metropolitan Government, her knife with the victim on the ground of disregarding himself/herself; (b) knife knife (10cm in total length, 5cm in knife) knife (5cm in knife) knife, which is a dangerous object that the victim had been living in the said restaurant section, her knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police and the prosecutor with respect to B;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to blades used for committing the crime);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] : The group of violent crimes, intimidation, and Type 4 (Special Intimidation) (Special Intimidations): The area of mitigation of punishment [the scope of recommended punishment]: Imprisonment with prison labor for not less than two months or for not less than one year;

2. The crime of this case, which was determined to be sentenced, is a threat to the victim, who is his spouse, in the knife, which is a dangerous object by the defendant, and the liability for such crime is not minor.

In addition, the defendant committed a second offense even though he had a number of records of criminal punishment due to violent crimes.

However, the defendant.

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