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Reasons
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(영문) 춘천지방법원 속초지원 2016.11.02 2016고단248
특수협박
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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

On July 17, 2016, at around 21:30 on July 21, 2016, the Defendant moved to D (the age of 47) who is the Defendant’s wife in his house from the care room of the Defendant’s wife in Gyeyangyang-gun C. However, the Defendant threatened D (the age of 47) who was the Defendant’s wife on the ground that the Defendant refused it, with approximately 32 m of a knife (the length) that is a dangerous thing in the kitchen, and led the Defendant to the Defendant.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes of an investigation report;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture (Scope of Recommendation), types 4 (Special Intimidation), mitigation area (Special Intimidations), 4 to 1 year [Special Mitigation] [Decision of Punishment] of the Defendant [Special Mitigation] committed the instant crime in spite of the fact that the Defendant had been punished several times by violent crimes, etc., or the fact that the risk of the instant crime was considerable, etc. is against the Defendant’s mistake, the Defendant is against the victim, the agreement is reached with the victim, there was no record of punishment, and all the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, etc., shall be determined as ordered.

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