logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.03.22 2017고단3737
특수협박등
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

The defendant and the victim C (ma, 56 years old) are legal couples.

1. A special intimidation: (a) around October 25, 2017, the Defendant: (b) made a dispute with the victim due to the external problem of the container stuff used by the Defendant located in Mapo-gu D in his/her residential area in his/her place of residence; (c) made a threat to the victim by putting down his/her death, which is a dangerous thing; and (d) made the victim’s death.

2. The injured Defendant, at the same time and place as above 1, carried out knife the victim from outside of the container stuff, and carried out knife the victim's booms by cutting down the victim's trees and cutting off the victim's knife, thereby requiring approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic instruments;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of punishment by imprisonment) of the Criminal Act, and Article 257(1) of the Criminal Act (the occupation of the first year and the choice of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. The scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 4 (Special Intimidation) (Special Sentencing) mitigation element: Imprisonment with labor for a period from April to one year;

(b) Class 1 (General Sentencing) (Persons subject to Special Sentencing): Minor injury and non-taxation [Scope of Recommendation] Special Mitigation Area: Imprisonment with labor for one month to one year;

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for four months to one year and six months;

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years, the crime of this case shall be committed by the defendant's wife and the victim who is dangerous to the victim, and the death shall be discarded, threatened, and the victim shall also be injured.

arrow