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(영문) 수원지방법원평택지원 2020.12.11 2020고단2470
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2020, the Defendant opened the entrance entrance of the Defendant from the victim D (V and the age of 48) who is working club in Pyeongtaek-si B, and took the knife (12cc in length on the knife length) which is a dangerous object in the toilet, taken the knife (12cc in the knife) of the victim's knife, taken the knife into the body of the Defendant, moved the knife into the knife, knife the body of the Defendant, and knife the victim as the knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As such, the Defendant: (a) pushed the victim over the floor by cutting down the victim’s body; (b) divided the victim’s body; (c) inflicted injury on the victim by cutting down and closing down the body of parts 2 above L2 in the treatment days; and (d) threatened the victim with a knife, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Photographss of damaged parts and photographs of criminal tools;

1. Application of Acts and subordinate statutes to a medical certificate and a certificate of release;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and repeated crime, special intimidation (Special Intimidation) (Special Intimidation): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommendation and recommendation), the area of mitigation of punishment is subject to mitigation (the scope of recommendation and recommendation), two months to one year;

(b) second crime (a determination of types of injury);

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