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(영문) 수원지방법원 2017.07.06 2017고단1074
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On February 9, 2017, at around 21:45, the Defendant: (a) walked with the entrance door 205 of the Suwon-si building C in Suwon-si, the neighboring resident of the Defendant, without any particular reason, and accordingly, (b) requested the Defendant not to engage in any disturbance, such as launchinging the door door, etc., and (c) requested the Defendant not to do so. (b) At around five times, the Defendant entered the above C building 205, the Defendant’s residence, and collected one food blade (33cm in total, 200cm in length, and knife) which is dangerous in the kitchen, and then died of the said victims over five times in terms of knifeing the knife.

The victims threatened the victims, such as referring to the large interest rate.

Accordingly, the defendant carried dangerous articles and threatened the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each victim under D or B;

1. Application of Acts and subordinate statutes to report on investigation, such as records of seizure, lists of seizure, photographs of seized articles;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The observation of protection, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;

1. Although the Defendant, on January 15, 2014, was sentenced to imprisonment with prison labor for the same kind of crime on January 15, 2014, and for two years of suspended execution, as well as imprisonment with prison labor for six months and two years of suspended execution, the Defendant committed the instant crime again after one year has passed since the expiration of the period of suspended execution, even though he was sentenced to more fines twice for the same crime. The Defendant did not appear to have committed the instant crime with the victim’s petition.

The extent of violence of the defendant is reasonable.

However, the defendant seems to have lived faithfully after naturalization.

The Defendant committed the instant crime on the same basis. The Defendant support his father who is not healthy.

(b) other.

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