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(영문) 청주지방법원 충주지원 2016.11.04 2016고단572
특수협박
Text

A defendant shall be punished by imprisonment for six 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

The defendant alleged that the victim D (the age of 68) was in an internal relationship with the defendant's wife, and had a mind to threaten the victim.

On June 30, 2016, at around 19:10, the Defendant: (a) discovered the victim D on a road near the Eudio-Gun Eudio-gun of Chungcheongbuk-do; (b) told the victim that he had been in possession of knives (kn length: 17cc) and that he would be killed, thereby threatening the victim, as if he would inflict harm on the life and body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: In light of the risk of the crime, mental impulses of the victim, etc., the defendant’s liability is not less and more severe; circumstances favorable to the defendant’s failure to reach an agreement with the victim: The defendant recognized the crime of this case; the defendant has no criminal record of the same kind of criminal record and suspended execution or more; and the defendant has no criminal record of the same kind of criminal record and suspended execution or more; the punishment shall be determined as ordered in consideration of all the conditions for sentencing including the above circumstances and the defendant’

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