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(영문) 대전지방법원 천안지원 2016.08.26 2016고단944
특수협박
Text

The punishment of the accused shall be five months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although the Defendant demanded to send the victim C(52 3,00) with good care, the Defendant was rejected from the injured party.

On June 8, 2016, around 00:50 on 00, the Defendant threatened the victim with a dog near the house located in the south-gu, Nam-gu, Namcheon-gu, Chungcheongnamcheon-gu, with a view to threatening the Chinese food blade (20cc in length, 32cc in total length), which is a dangerous object that had been prepared in advance, and threatened the victim with the victim’s item “to die if he knows the horse.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s self-written statement;

1. Reporting on the arrest of a case;

1. Application of the statutes on photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing guidelines [Types of Determination] - Types 4 (Habitual, Cumulative, and Special Intimidation) [Special Sentencing Persons] - The elements of mitigation: [including serious efforts to recover damage] / Determination in the sphere of mitigation [the scope of recommendation] / [the scope of recommendation] 4 months to 1 year [the general person in charge of sentencing] - The elements of mitigation: In cases where a person committed a crime by carrying a deadly weapon or other dangerous articles with serious reflect [the main reasons of suspension of execution] - If a person committed a crime by carrying a deadly weapon or other dangerous articles / (including a serious reason for suspension of execution] positive: - The positive origin of punishment (including a serious reason for suspension of execution] - The positive relationship is clear, contingent crimes, serious reflects, and criminal records beyond a suspended execution.

2. Determination of sentencing factors and extenuating circumstances, the form, degree and risk of the instant crime, the criminal records of the Defendant’s criminal punishment (except in the absence of the same force), most of the Defendant’s crimes, and other circumstances revealed at the instant trial, including the Defendant’s age, sex, environment, and circumstances, etc., shall be determined as ordered by taking full account of the following factors.

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