(영문) 창원지방법원진주지원 2020.11.11 2020고단1834

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원진주지원 2020.11.11 2020고단1834

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

Around 17:00 on September 18, 2020, the Defendant, at a “D” restaurant operated by the victim C (Nam, 59 years of age) in Sacheon-si, with the drinking drinking drinking drinking, she saw the victim who thought that he was in in a spact relationship with his previous wife, she was able to sprinked and moved to 1 restaurant room.

Since then, the Defendant taken a knife (27 cm in total length, 16 cm in daily length) that is a dangerous object in the macker, and she saw that she would her with a knife, she would be dead. The Defendant her knife the knife in the knife of the knife out of the knife, her back the knife in the knife, followed the knife, and threatened the victim with the knife inside the knife in the back of the knife building.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure, the list of 112 reported cases processing, and the report of internal investigation (a CCTV scambling at a Dcafeteria and attaching

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

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

1. Scope of intimidation crimes according to the sentencing guidelines (Type 4), the area where repeated crimes and special intimidation are mitigated, and two months through one year;

2. The victim threatened the victim with a knife during the period of suspension of execution due to a crime of the same kind as the sentence of sentence.

The risk of crimes is very high in light of the means and methods of crimes.

However, the victim is not subject to punishment by mutual consent with the victim.

In addition, the circumstances leading to the crime and the circumstances of the defendant are considered.

참조조문

-형법 제48조 제1항 제1호

-형법 제283조 제1항

-형법 제284조

유사 판례

-대구지방법원 김천지원 2016.08.18 2014고단1165

-청주지방법원 제천지원 2013.12.26 2013고단848

-수원지방법원 2017.06.02 2017고단1603

-울산지방법원 2017.12.06 2017고단3979

-수원지방법원 2020.01.10 2019고단6848