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(영문) 전주지방법원 정읍지원 2018.06.05 2018고단34
특수협박등
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special residential intrusion Defendant: (a) around January 9, 2018, when the victim C (the 59-year old-old), who was living in North Chang-gun B (the 59-year old-old), went into the house of the victim, and went into the house through an open door, with the kitchen knife (the 32 cm in total length, 18 cm in length) that was a dangerous object to threaten the victim on the ground that the victim was not going through the examination room, and that the victim was not going to “the winding of the Defendant and the victim.”

2. A special intimidation: (a) on the same ground as the date, time, place, etc. described in paragraph (1) and on the same ground, the Defendant: (b) threatened the victim with the kitchen knick, which is a dangerous thing described in paragraph (1), on the left hand; and (c) by stating that “to die” to the said victim C (the age of 59).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Evidence photographs;

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

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 284 and 283(1) (a) of the Criminal Act concerning the selection of a sentence, and Articles 284 and 283(1) (a) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Basic area (no person who is subject to special sentencing) of the crime of intimidation (the scope of a recommendation) from June to June 4 (Habitual, repeated, repeated, and special intimidation)

(b) Results according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (no sentencing criteria is set for special crimes of intrusion upon residence which is in the relationship of concurrent crimes);

2. Considering the implements, timing, etc. of the crime committed by the sentence, it seems that the mental impulse suffered by the victim is not small;

Until now, no particular damage has been restored.

However, there is no history of punishment against the defendant, and there is an attitude to reflect the crime.

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