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(영문) 의정부지방법원 고양지원 2019.11.22 2018고단2699
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

The defendant is the victim B (n and 44 years of age) and the husband's temporary domicile, and the victim C (16 years of age) and the father's temporary domicile.

On September 30, 2018, the Defendant was under the influence of the Defendant’s house located on the third floor of the building D in Goyang-gu, Mangdong-gu, Goyang-si, Goyang-si, 2018. The Defendant called up and recommended the police officer to leave the house on the same day, and the Defendant became out of the house in response thereto.

Nevertheless, at around 04:10 on October 1, 2018, the defendant found the house of the above defendant, and opened a door and opened a door to the victim's body because the above victims do not open the door. In doing so, the defendant sent the door and the reading center book as dangerous articles (34 cm in total length, 30 cm in length, 4 cm in length in length in total, 4 cm in length in length), and opened a door to the victim's body.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. Seizure records;

1. Application of on-site photographs and Acts and subordinate statutes governing crimes implements;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the relationship with the Defendant and victims, the risk of the Defendant’s use of the goods, and the contents of intimidation, etc., the crime of this case is not somewhat weak, but considering the favorable circumstances that the Defendant recognized the crime of this case and reflects his mistake, there is no specific criminal record up to now, the victims submitted a written withdrawal of complaint, and are expected to have the Defendant’s prior location. In addition, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc. are considered as follows.

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