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(영문) 인천지방법원 2016.09.02 2016고단4796
특수협박등
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

1. The Defendant, from around 00:00 on June 17, 2016 to around 05:30 on the same day, had the wind of the victim D, the spouse of the Defendant, at approximately 46:30, Nam-gu, Incheon, Nam-gu C, 3:304, and “Nehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant threatened the victim with a knife, which is a dangerous weapon.

2. The Defendant suffered injury, at the above date, at the above time and place, on the part of the victim, on the part of the victim's knife, fry, fry, sex organs, etc., where approximately three weeks of drinking together, the Defendant sustained injury, such as credit fry, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the body and body photographs of victims and knife photographs;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (special intimidation and choice of imprisonment) and 257 (1) (the occupation of injury and the choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

1. Scope of punishment: Imprisonment with labor for a period from one month to six months;

2. The elements for mitigation of punishment [the scope of the recommended area] the scope of mitigation area, types 1 [the general injury] the types of crimes subject to the sentencing guidelines (including serious efforts to recover damage] (the scope of the recommended area), concurrent crimes of April to one year [the general injury] and the factors for mitigation of punishment (including serious efforts to recover damage] or where considerable damage has been restored (the scope of the recommended area], the reduced area, the crimes of four months to one year concurrent crimes (the determination of types) and violence: Where the reduced area or considerable damage has been restored (including serious efforts to recover damage) or considerable damage has been restored (the scope of the recommended area), the reduced area, the result of multiple aggravated crimes of two months to one year: April to June 4;

3. The defendant shall be sentenced to a sentence;

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