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(영문) 수원지방법원 안산지원 2019.07.17 2019고단1834
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

On May 11, 2019, the Defendant, at around 10:35, in front of the B apartment C entrance in the Silung-si, the victim E (the age of 44) residing in the next house due to a sound problem in front of the B apartment C entrance in the Silung-si, the Defendant: (a) brought a knife (the total length of 32cm and the knife amount of 20cm) in his house and brought a knife at his house and brought a knife against the victim; and (b) threatened the victim by carrying a dangerous object.

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 Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. All circumstances such as the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [decision on Punishment of Intimidation] Article 48(1)1 of the Act on Confiscation (decision on Punishment of Intimidation] / [Determination on Punishment of Intimidation] The basic area / [Scope of Recommendation] from April / one year and six months / [Determination on Punishment of Pronouncement] / The defendant's mistake is recognized, there is no criminal conviction for the same kind of crime, the defendant is deemed to have committed any contingent crime in dispute with the victim, and the degree of harm and injury notified to the victim is significant

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