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(영문) 수원지방법원 평택지원 2017.11.09 2017고단1268
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

The defendant is a person who is in a de facto marital relationship with the victim B (n, 44 years of age).

1. On May 19, 2017, the Defendant: (a) abused the victim on the ground that he/she did not receive the victim’s death, by citing excessive excess, which is a dangerous object for the reason that he/she did not receive the victim’s death, at the D He/she operated by Pyeongtaek-si (hereinafter “Chin suicide”); and (b) threatening him/her to “Chin suicide.”

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

2. On May 29, 2017, the Defendant threatened the victim, “I will commit suicide even if I will die with his/her father unless I want to do so with his/her mother,” on the ground that the victim had been in the custody of his/her own property at the time of 103 dong 1203 and 1203 of the E apartment complex, E, which had been disputed with the victim on the ground that the victim had been in the custody of his/her property at the time of his/her own possession, and that I would commit suicide even if I would die with his/her mother.”

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 B;

1. Application of Acts and subordinate statutes to investigative reports (record recording files of telephone conversations);

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

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The nature of each of the crimes of this case does not correspond to that of this case; provided, however, that the Defendant did not cause secondary harm to the victim due to each of the crimes of this case. - there is no history of criminal punishment exceeding a fine due to the same kind of crime that the Defendant has been subject to criminal punishment. - The Defendant is against his fault.

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