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(영문) 창원지방법원 2018.01.10 2017고단3548
특수협박
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] The case is a case of fraud, etc. committed on October 12, 2017 by the Changwon District Court: Imprisonment with prison labor for one year/ suspended execution, two years of community service, and 80 hours of community service: Final judgment on October 20, 2017 / [criminal facts] The defendant and the victim B (n, 45 years of age) are de facto marital relations.

At around 01:00 on October 10, 2016, the Defendant, at the home of the victim located in Gangseo-gu Busan Metropolitan City, brought a dispute about the issue of the right of fostering the victim and children, and brought the victim with food blades (28cm in total length, 18cm in length in length) on his/her customer’s hand, and brought the victim into a knife knife (the knife is unclaimed so that the knife can be sent to one room by the inside of the knife).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (Punishment of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The former sentence of Article 62-2 of the Criminal Act: Imprisonment with prison labor for a period of six months or suspension of execution, two years or more, and reasons for an increase of 40 hours or more: Confession, victim’s non-conformity of punishment, and criminal records or such of concurrent crimes by the latter part of Article 37 of the Criminal Act;

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