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(영문) 대전지방법원 천안지원 2017.06.28 2017고단756
특수협박
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 12, 2017, around 02:30 on March 12, 2017, the Defendant: (a) was in front of D, which is a dangerous object in South-gu, Southern-gu, Dong-gu, Dong-gu, and (b) was in his hand, and was in the operation of the victim E (the remaining, 24 years old). However, the Defendant was “in tobacco,” but the victim and his behaviors were neglected to die.

"A person who runs away from the road" means a person who gets away from the road of the victim, and the person who runs away from the road of the victim has taken a detailed attitude.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of seizure records and statutes concerning the list of seizure;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [The type of determination] domestic violence: Type 4 (Habitual, Cumulative, and Special Intimidation) / [the scope of recommendation] basic area / [the scope of recommendation] six months to one year and six months / [the general sentencing person] : In cases where he committed a crime by carrying a deadly weapon or other dangerous articles [the main reason for suspension of execution] - Where he/she committed a crime by carrying a deadly weapon or other dangerous articles [the general reason for suspension of execution] - In cases of negative addiction or alcohol addiction / positive: distinct social relation clear, contingent crimes, lack of serious reflects, suspension of execution or more criminal records, and the defendant's health status is very good.

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