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(영문) 대전지방법원 홍성지원 2017.10.18 2017고단526
특수협박
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with the victim C from October 2015.

On July 27, 2017, the Defendant: (a) around 22:15, at the front of the D’s D’s home in Chungcheongnam-nam Budget Complex, “the Hagueer without the intent of marriage with B/L”; (b) had a dispute with the demand of the victim; (c) had a kitchen, which is a deadly weapon, in the kitchen, a kitchen (the blade 21.5cm length, the knife 11cm length) and a knife (the knife knife 15cm length, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant threatened the victim by using a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the investigation report (Evidence No. 2), seizure protocol, on-site photographing statutes;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is committed, the victim does not want the punishment of the defendant, the fact that there is no record of punishment for the same crime, and the fact that there is no record of punishment for the same crime, and the fact that there is no record of suspended execution or more than the punishment, and the crime is not good.

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