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(영문) 의정부지방법원 2019.10.31 2019고단1556
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On February 24, 2019, at around 23:00, the Defendant spited, in front of C apartment Ddongs where the Defendant is living in Dongbcheon-si B, without any special reason, the Defendant spited the victim E (the age of 46) and laid down the flood with the victim, such as spite, spite, spite, and spite.

The Defendant expressed to the Defendant that the victim talks to the Defendant at a half of the phrase “welved. Shelst,” and expressed that the Defendant’s house kitchen, which is a dangerous object of the Defendant’s house kitchen, has a knife (the total length of 33cm, the knife length of 21cm), and expressed that the Defendant “welved the Defendant’s house,” and had the knife knife the Defendant’s house, and had the knife the victim “welved.”

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 (1) and 283 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) (the scope of recommending punishment) for repeated crimes, special intimidation (type 1) (the person subject to special mitigation) (the scope of recommending punishment), not to impose punishment (the scope of recommending punishment), from 2 months to 1 year (the area subject to mitigation);

3. The crime of this case by which the sentence of sentence was rendered is deemed to have been committed, and as a result, the Defendant appeared to have a knife with a knife at home and had a knife at the end of a dispute with the knife and the knife, and in intimidation, the crime of this case is not likely to be committed in light of the circumstances, method, mode, etc.

Therefore, it seems that the victim has suffered a considerable mental impulse, but there is no circumstance that the defendant has made efforts to recover damage.

The defendant shall be exempted from punishment according to his criminal liability.

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