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(영문) 수원지방법원 평택지원 2017.11.24 2017고단1232
특수협박
Text

A defendant shall be punished by imprisonment for six 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

At around 02:55 on March 26, 2017, when the Defendant came to know that the victim D (the 57-year old age) was in a cross-vited with the victim E (the 56-year age) at the home of the Defendant located in Pyeongtaek-si, Pyeongtaek-si, the Defendant cut off the victim D with a dangerous fishing blade (the total length of approximately 29.5cm, the blade length of approximately 15.5cm), and found the door as the victim D’s house with a dangerous object, opened the entrance, and threatened the victim E with the above fishing blade, which is displayed at the main knife house, and enter the victim D’s house, and threatened the victims with any danger and injury.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. A written statement referred to in D and written statements;

1. Investigation report (to hear statements by telephone against victim D);

1. Recording notes;

1. Application of the photographic Acts and subordinate statutes;

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 (The following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of punishment / [the scope of recommendations] the mitigated area ( April to 1 year) / [the person who has been subject to special mitigation] (the decision of sentence : the use of a knife, which is an object dangerous to the original crime): The favorable circumstances such as confession, reflectivity, criminal record and fine: The victims are not subject to punishment against the defendant; other favorable circumstances such as the defendant's age, family relation, circumstances leading up to the crime: suspended sentence for six months; the community service order for two years; the community service order for community service; and the confiscation or above reasons.

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