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(영문) 의정부지방법원 2019.03.29 2019고단570
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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 is a de facto marital relationship that is living together with the victim C (n, 55 years of age) in two weeks, and it is a shesheshesheshet of the victim D (n, 34 years of age).

1. Special intimidation;

A. On January 18, 2019, the Defendant: (a) around 23:30 on the above apartment on January 18, 2019, and (b) around 23:30, the victim D (the victim D (the 34 years of age) and Siviation occurred; (c) brought about the excessive amount of deadly weapons, which are the remaining deadly weapons, and threatened the victim

Accordingly, the defendant threatened the victim with a deadly weapon.

B. On January 24, 2019, around 00:40 on January 24, 2019, the Defendant: (a) intending to drink water in the above apartment; (b) taken a gas valve using the kitchen, which is a deadly dangerous kitchen with the Plaintiff, due to the occurrence of rain with the Defendant C; and (c) threatened the victim in the above blade.

Accordingly, the defendant threatened the victim with a deadly weapon.

2. On January 24, 2019, the Defendant damaged the victim C’s secret number, knife, knife, knife, knife, and knife and knife, by using the hand on the ground that the door was not opened in the above apartment.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Statement of each police statement related to C and D;

1. C’s statement;

1. Each report on investigation;

1. Photographs of each damaged site;

1. Investigation report (to attach photographs of destruction and damage to property incurred on January 18, 2018);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 366 (a) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

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

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

(a)the first offence and the first offence;

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