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(영문) 수원지방법원 2016.04.29 2015고단6074
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

Punishment of the crime

While the Defendant was dissatisfied with the Defendant’s release from Korea at large feet, he was working at the Defendant’s house located in G on October 24, 2015, when he was dissatisfied with the Defendant’s work at large feet, the Defendant 51 years of age would not kill the Defendant. The Defendant would be able to “picking up and going” to the Defendant’s house located in G on October 24, 2015.

Bath may die, and all family members may die by killing.

After the phrase "," the victim can die on the part of the victim's chest while holding a knife knife (23 cm in total, 10 cm in length) which was kept in his/her inner room and holding a knife to the middle part of the victim's chest while holding the knife in his/her inner part.

“The victim was threatened by carrying dangerous articles.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of each of the visual Acts and subordinate statutes to field photographs;

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 (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment for the sentencing guidelines / [type] crime, type 4 (Habitual, Cumulative, Cumulative, Special Intimidation) mitigation area (person subject to special mitigation] / [Scope of the recommended punishment] 4 months to one year; and

2. The defendant who has made a decision of sentencing shall die by putting his knife against the wife who is the victim;

In light of the method of crime, etc., under extenuating circumstances, the defendant did not have any particular record of crime, confessions a crime late later, and considering the favorable circumstances that the victim did not want the punishment against the defendant by mutual consent with the victim, taking into account other circumstances shown in the arguments of this case, including the defendant's age, sex, environment, motive of crime, and circumstances after crime.

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