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(영문) 서울서부지방법원 2019.11.21 2019고단2794
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From the end of 2018, the Defendant had been living together with the victim B (here, 37 years of age) since 2015, and came to the horses from the victim from the end of 2018.

On August 15, 2019, the Defendant, at around 00:30, threatened the victim with the threat of the victim, such as breath’s brea-kick, which is a dangerous object in the brea-kak, living together with the victim, of the Mapo-gu Seoul, Mapo-gu, Seoul, where he was in the brea-kakb, and the brea-kicker’s brea-kick, which is a dangerous object in the brea-kakb, and 22 cm in the length of the entire length).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 284 and 283 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation: The main sentence of Article 62-2 (1) and (2) of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria [Determination of types] for violent crimes: Types 4 (Cumulative Offense, Special Intimidation) (Special Intimidation) (Special Intimidation) mitigated factors - mitigated areas of punishment (the area of recommendation and the scope of recommendation), mitigated areas of punishment (the area of recommendation and the scope of recommendation), two months to one year of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for 8 months and 2 years of suspended sentence (unfinite circumstances). The victim seems to have suffered from continuous violence of the defendant. The victim has been sentenced to imprisonment with prison labor for the defendant by taking into account the following circumstances: (a) the defendant was living in custody, who was late later and did not have access to the victim in the future; (b) the victim did not want to be punished against the defendant; and (c) the defendant did not have any criminal power to impose a fine in excess of the amount of fine; and (d) the defendant was given an opportunity to repeat the sentence as a sound social person.

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