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(영문) 수원지방법원 2016.11.24 2016고단5216
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 21, 2016, at around 21:30, the Defendant stated that the victim E (the 35-year-old age) children living on the upper floor are out of the bend, and that the victim E (the 35-year-old age)’s noise has occurred, the Defendant sent the victim a kitchen knife, which is a dangerous object in the kitchen, with a kitchen knife (the total length of the kitchen 30cm) located in the kitchen, on the ground that the 11st floor of the upper floor of the victim E (the 35-year-old age-old children), and that the 11st floor noise has occurred.

The Defendant continued to take the kitchen knife with a bad hand, and the Defendant expressed the victim’s string of the entrance, “I am sing off. I am b. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. you am. you am.

Accordingly, the defendant had dangerous things and threatened the victim and his family members to harm them.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crimes. Article 283 (Selection of Imprisonment);

1. The scope of recommendation [the scope of recommendation] on the sentencing guidelines under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) of the suspended sentence under the scope of recommendation [the scope of recommendation] [the scope of punishment] under the mitigated area (4 to 1 year), the mitigated area (4-1 year) (a special mitigation] [the decision of sentence]: The crime of this case is that the defendant threatened a neighboring victim by carrying a kitchen knife on the ground of inter-floor noise, and then it is highly dangerous and high risk of the crime. The crime of this case shows that the victim, who has a child, was suffering from considerable fear of fear, actually led to the director, and that there was a favorable record of criminal punishment several times for the same crime: The defendant's mistake is recognized, and the victim and the victim are against the victim.

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