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(영문) 부산지방법원동부지원 2020.10.30 2020고단1377
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

On September 6, 2019: around 09:19, the Defendant used the transition (23 cm in total length, 15 cm in length) of dangerous things (15 cm in total length) in the kitchen located in the 3rd floor of Busan Shipping Daegu B, Busan, and threatened the victim with the Defendant’s wife, who is the Defendant’s wife, (15 cm in total length, 49 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement of C to the scene of the 112 Reporting Case List and excessive photographic Acts and subordinate statutes to C;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is high risk of the instant crime committed by the Defendant threatening the victim, who was under the influence of alcohol, and the Defendant had been subject to criminal punishment by committing several violent crimes even before, and domestic violence is also deemed to have been committed several times, and the possibility of recidivism is also likely to be committed, the Defendant’s liability is not weak.

However, the punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) the defendant's mistake against himself/herself is not to be re-offending; (b) the defendant is not subject to criminal punishment exceeding a fine for violent crimes; and (c) the defendant's age, character and conduct, environment, motive or circumstance of the crime; (d) the means and method of the crime; (e) the method and method of the crime;

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