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(영문) 광주지방법원 2019.05.16 2019고단577
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on February 8, 2019, the Defendant threatened the victim C (nive, 60 years of age) located in Gwangju Northern-gu B with the kitchen, which is a dangerous thing for the Defendant’s male relationship, (15cm in length, about 25cm in length, about 15cm in length) and the kitchen, which is a dangerous thing for the Defendant’s male relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. An unfavorable circumstance such as the fact that the reason for sentencing under Article 62-2 of the Probation Criminal Act is not good, the fact that there is no agreement with the victim, etc., confession of the defendant and reflects his mistake, the occurrence of contingent crimes in this case, and the absence of previous convictions exceeding the fine. In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, environment, motive of the crime, and circumstances after the crime, shall be determined as ordered by considering the following factors.

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