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(영문) 수원지방법원 2020.04.23 2019고단7215
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 16:00 on November 28, 2018, the Defendant, on the ground that the Defendant, at the close end of the House B, he wanted to leave the house by wrapping the victim C (at the age of 55), who is the wife, and, on the ground that he wanted to leave the house, he acted as a vehicle after setting a flads attached with dangerous things, with a flads attached to the victim, such as “flading the vehicle, to cut off, to cut off the vehicle,” and doing so at the same time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 4, 5, 6 of the evidence list);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of recommendations according to the sentencing guidelines: Types IV (Special Intimidation) (Special Intimidation) for a crime of intimidation for not less than two months but not more than one year (Determination of types of punishment): The area of mitigation of punishment for a crime of intimidation [Special Intimidation]: None of the areas of mitigation [Recommendation].

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended sentence, the defendant, by carrying a dangerous object, has caused the victim to feel serious fear and apprehensions by threatening him/her, so that the crime may not be mitigated;

However, it shall be taken into consideration somewhat favorable circumstances for the defendant, such as age, character and conduct, environment, family relationship, means and result of the crime, circumstances after the crime, etc., when reporting the victim who intends to house the defendant, expressed his/her intention that the victim does not want the punishment of the defendant, and the fact that the defendant has no record of criminal punishment exceeding the fine.

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