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(영문) 수원지방법원 평택지원 2018.08.30 2018고단222
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant was a person who resides in the second floor of the apartment house in Pyeongtaek-si C, and the victim D (57 years) residing in the fourth floor caused noise among the floors.

On February 2, 2018, at around 23:15, the Defendant threatened the victim with a knife (17cm in length, 27cm in total) and a knife (40cm in length, 13cm in length, 40cm in total), which is a dangerous object kept in his/her own house, by taking advantage of the knife (17cm in length, 27cm in length), and by taking advantage of the knife in the knife’s residence, thereby leaving the knife the knife of the victim’s dwelling, and thereby threatening the victim “a person who is unlikely to sleep, by taking out the knife of the knife

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each report on investigation;

1. Application of the police seizure protocol statutes;

1. Articles 284 and 283 (1) (a point of special intimidation) of the Criminal Act and the selection of punishment for a crime;

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

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The scope of the recommended sentence based on the sentencing guidelines for the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act is from April to one year and six months. However, even though the Defendant was punished for several times in the previous crimes related to violence, the nature of the crime is inappropriate in that he/she again threatened the victim with a deadly weapon, but there is no fact that he/she had been punished by a fine or heavier punishment than a previous fine, without good health condition, in consideration of the fact that the Defendant was threatened with a deadly weapon. However, an incidental disposition is imposed to prevent recidivism.

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