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(영문) 전주지방법원 2017.05.15 2016고단2140
특수협박
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 is currently living separately from the victim C (V, 43 years of age) and the husband and wife under law for about two years.

On October 28, 2016, the Defendant, at around 07:20 on October 28, 2016, threatened the victim with a view to discovering the DNA car owned by the victim C and threatening the victim to threaten the victim at the door church parking lot of 10, Jinjin-gu, Seoul Special Metropolitan City on 10:10,00,00, in order to make sure (the blade length: 21cm, the knife length: 38m: : the knife length). The Defendant laid down the knife (the knife length: 21cm, the knife length: 38cm) which is a dangerous object at the knife of the said vehicle, while waiting for the victim to appear, and threatened the victim with the knife with the above knife, and the Defendant continued to use the knife to drive approximately 300 meters. The summary of evidence.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of applicable sentences under law: One month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the recommended punishment (the person who has no special mitigation).

3. Determination of sentence: A punishment shall be imposed by imprisonment with prison labor in consideration of favorable sentencing conditions, such as the fact that a spouse who is a dangerous object of six months of imprisonment with prison labor or two years of suspended execution is threatened, but its nature is not good in that it threatens the victim to commit any contingent crime. However, the defendant has been punished by imprisonment with prison labor in consideration of favorable sentencing conditions, such as the fact that there are two kinds of records of punishment, but the defendant's mistake has more than 18 years old, and the defendant's mistake is dead and reflect;

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