logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.06.14 2017고단439
특수협박
Text

A defendant shall be punished by imprisonment for four 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 20:30 on February 4, 2017, the Defendant, at the home of the Defendant, was in conflict with the Defendant’s wife C (n, 37 years of age) and the Defendant’s external problems, and the Defendant was in conflict with the Defendant’s home. However, on the ground that the Defendant did not go to the Defendant, the Defendant was in line with the knife, which was a dangerous weapon at the home of the Defendant, with the Defendant’s knife (24.5cm in the total length of the knife) and knife the Defendant’s body while putting the knife on the part of the victim’s body and putting the knife on the part of the Defendant’s body, and then, by taking advantage of the knife with the knife on a wooden table, threatened the victim by taking advantage of what kind of harm and injury to the victim’s life or body.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Each internal investigation report (the telephone investigation and internal investigation into a knife of a knife of a victim);

1. Application of two Acts and subordinate statutes to reports on the occurrence of domestic violence and two knife photographs;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. One month to seven years from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the mitigated punishment (4 months to 1 year), the mitigated area (4 months to 1 year) (special mitigated persons] is not subject to the punishment;

3. Determination of sentence of domestic violence has been made several times with the victim's wife, and the fact that there was the record of punishment due to it is unfavorable to the defendant. Meanwhile, the defendant appears to be against the defendant while recognizing the crime of this case, the victim did not want the punishment of the defendant, and the victim seems to have considerable responsibility for family inequality which caused the crime of this case, etc., considering the circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc.

arrow