(영문) 수원지방법원 안양지원 2016.12.02 2016고단1817

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(영문) 수원지방법원 안양지원 2016.12.02 2016고단1817

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on October 22, 2016, the Defendant returned home from the taxi near the spawn Yan-dong Yan-dong Yanyang-gu, Ansan-si, Ansan-si, and returned home, and when the shoulder gets off three males on the day when the shoulder gets off, and the spawn with the spathing, the Defendant started to look at the Defendant’s back part of the kitchen knat in his own house ( approximately 20 cm a day, approximately 12 cm a day, knife) and put the kitchen knife in order to oppose them.

Around 01:14 on the same day, the Defendant observed that the victim D (ma, 27 years of age) was fluencing a Blus earphone owned by the Defendant, the victim was fluencing, and the victim thought that he was flucing, and said that the victim was flucing, the victim was flucing, “I will flucing, regardless of who was flucing, who was fluor, and who was fluoring.” The Defendant flucing the Defendant’s hand, the Defendant flucing the Defendant’s hand, flucing the kitchen, and threatening the victim, and flucing the victim, “I will fluor and fluoring the death,” and fluoring the victim.

In this respect, the defendant carried a kitchen, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (E child-care centers and CCTV for crime prevention at the distance of inside and outside the public notice);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending sentencing guidelines] - Types 4 (Habitual, Cumulative, Special Intimidation) and the mitigation area (4 to 1 year) of intimidation - Special mitigations: The mitigation area (4 to 1 year) of punishment (decision of sentence] - Incompetences (decision of sentence) - Incompetences, which are dangerous things, have been carried and threatened.

참조조문

유사 판례

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