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Reasons
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(영문) 수원지방법원 2017.02.03 2016고단4108
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around June 21, 2016, the Defendant: (a) took one knife (21cc in length, 31cc in length, 1cc in length, 1) and one knife (21cc in length, 31cc in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife) and knife knife knife knife knife knife knif knif knif knif knif knif

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Entry into a protocol of seizure and a list of seizure;

1. Statement of an investigation report (the text message sent to the victim by the victim);

1. Investigative reports (Analysis of private CCTV image data installed in E) and the application of video-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment for the sentencing guidelines / [type] the scope of the recommended punishment for the sentencing guidelines / [type 4 months] and one year from the imprisonment with prison labor for the mitigated area [special mitigated persons] of the mitigated area (special mitigated persons] of the punishment;

2. In light of the fact that the Defendant had previously been punished for violent crimes even before the sentence was rendered, the circumstance leading up to the Defendant’s commission of the crime, and the risk of the contents of the crime, there is no record of punishment heavier than a suspended sentence, the Defendant has led to the confession of the crime, and the victim does not want to be punished against the Defendant by mutual agreement with the victim.

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