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(영문) 의정부지방법원 2020.01.09 2019고단4393
특수협박
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

At around 22:50 on August 1, 2019, the Defendant used a knife knife knife (19cm) that was dangerous to the Defendant, while drinking alcohol with the Defendant C (the age of 44) of the Defendant’s wife, and engaging in a mutual vision with the Defendant’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant carried a dangerous knife, and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 (1) and 283 (1) of the Criminal Act which choose a penalty;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor or imprisonment with labor for a period of ten years and six months;

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

(a) Each special Intimidation [Determination of Punishment] and each repeated crime, special intimidation (Type 1) [Special Intimidation] and not to punish a person (a person subject to special mitigation], 2 months to one year (a person subject to mitigation).

(b) Application of standards for handling multiple crimes: Two months to one year and six months (=one year and one year x 1/2).

3. The crime of this case committed by the Defendant, who left his family travel at the end of the dispute, took a knife to her wife and her wife by bringing about a knife at the end of the dispute. As such, the circumstances, methods, and attitudes of the crime were very poor, and the victims were flife at the time of the occurrence of considerable fear.

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