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(영문) 수원지방법원 안양지원 2018.08.24 2018고단983
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On May 31, 2018, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with labor for a special coercion by the Incheon District Court on May 31, 2018 and the said judgment became final and conclusive on June 8, 2018.

[Criminal facts] The Defendant is a codification between the victim B (n, 22 years of age) and approximately one year of age.

피고인은 2018. 6. 7. 16:10 경 안양시 만안구 C 원룸 D 호에서 피해자 B에게 “ 내가 거주하는 E 호에 가서 이야기 좀 하자. ”라고 말하며 피해자의 손목을 잡아끌고 나가려고 하였는데 피해자가 거절하자, 그 곳 부엌에 놓여 있던 위험한 물건인 식칼( 칼날 길이 19cm) 을 집어 들고 “ 나 가지고 노니까 재밌냐!

Narar Doz. Doz.

I find out the letter sent. If you do not talk properly, I will write off the knife in a knife at that time.

The term “the victim,” and “the victim, having the same behavior to cause harm to the victim, such as tear, etc.” and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of judgment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing of Article 39(1) [Non-application of the sentencing criteria] Article 37 of the Criminal Act is the single concurrent crimes after Article 37 of the Criminal Act, and the sentencing criteria shall not apply.

[Determination of sentence] The defendant seems to reflect the defendant's wrongness.

The agreement with the victim has been completed.

In the latter part of Article 37 of the Criminal Code, the relationship of special coercion, etc. for which judgment has become final and conclusive is concurrent crimes.

However, the Defendant committed the instant special intimidation against the victim who was in a relationship with the victim during the seven-day appeal period after being tried under the custody of the Defendant by committing the crime of assault and special coercion, which is similar to the instant case, after being sentenced to a suspended sentence of imprisonment.

(b) judgment;

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