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(영문) 창원지방법원 2016.09.28 2016고단1877
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 between the victim B (V, 48 years of age) and the married couple.

On June 1, 2016, the Defendant: (a) around 23:00, on the ground that he or she was not well subject to his or her own telephone from Kimhae-si 501; (b) whether the Defendant was winded;

A report is made to the dead and the deceased, the police station, and the earth, while making a report on the kitchen. "A person who died or died in the kitchen (21 cm in total length, 10 cm in length) with a cover of dangerous things in the kitchen (21 cm in total length, 10 cm in length) in the victim's part, and "the dead and dead" with a cover of knife (30 cm in total length, 18 cm in length in the kitchen) which are dangerous things in the kitchen continued to be in the kitchen, and acted as the victim.

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 the Act and subordinate statutes on the spot and deadly weapons;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The sentencing range under Article 62(1) of the Criminal Act is the case where: (a) the area of mitigation (four months to one year), the area of mitigation (including a person who has been specially mitigated), the area of mitigation (including a serious effort to recover damage) or considerable damage was restored (the decision of sentence] (the decision of sentence is made) the following circumstances and the defendant’s age, sex, criminal conduct, family relationship, family environment, motive and means of crimes, and the circumstances after crimes, etc., are taken into account, and the sentence is determined as per the order.

An unfavorable circumstance: A normal situation that has been committed before the same kind of suspension of execution: An agreement with the victim, and there is no record of crime exceeding the suspension of execution.

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