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(영문) 부산지방법원 서부지원 2018.05.29 2018고단55
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Crimes committed on September 2017.

A. On September 2017, 2017, the Defendant damaged the Defendant’s house located in the Defendant’s house located in 114 Dong-dong B apartment house 1901, 1901, on the ground that the Defendant only runs Internet shopping via a mobile phone without having any contact with the Defendant, who was his wife C (Y, 32 years of age).

B. A special assault Defendant: (a) committed assault against the victim by getting out of the victim one time with a view to a dangerous object, at the time, at the same time and place as the foregoing paragraph (a).

2. On November 18, 2017, the Defendant committed a crime at around 23:40 on November 18, 2017, with a knive knife (45cm in total length, 25cm in knife) which is dangerous at the next week, and with a knife of the victim’s chest at around 23:40 on November 18, 2017, when he/she was aware of the victim’s knife with his/her knife with his/her knife at his/her knife with his/her knife at the victim’s hand, and

As such, the victim threatened the victim by stating "the dead person's seat".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing criminal implements photographs;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 261 and 260(1) (a) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act concerning the selection of punishment (a point of special intimidation, selection of punishment by imprisonment with prison labor)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Assaults) [Scope of recommending Punishment] Crimes (Assaults) and Class 6 (Habitual Offense, Cumulative Offense, Special Assaults) (Special Assaults) are mitigated area (4 months to 1 year and 2 months) (Special mitigated Persons) and no punishment is imposed;

(b) Two crimes (finites) (finites).

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