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(영문) 광주지방법원 순천지원 2018.03.29 2017고단2221
특수협박
Text

A defendant shall be punished by imprisonment for 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 and the victim C (V, 53 years old) are as follows.

At the victim's house located in D apartment 4:703 Dong Dong at the time of infinite 02:30 on February 2017, 2017, with the Defendant's proposal refused by the injured party, and with the Defendant's proposal written in a knife, which is a dangerous thing in the kitchen at the same place.

A threat was made by stating that it would be a dead and homicide.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The nature of the crime is heavy in light of the fact that the victim’s intimidation, which is a dangerous object with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, was threatened.

However, in consideration of the fact that the defendant is against the defendant, that there is an agreement with the victim, that the victim wants the defendant's wife, that there is no specific criminal punishment, etc., the punishment shall be determined as per the order.

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