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(영문) 수원지방법원 평택지원 2017.08.30 2017고단249
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 21, 2017, the Defendant: (a) around 05:05, around 05, 2017, from the “E main point of the operation of Pyeongtaek-si Victim D (Inn, 44 years of age)” to the victim and the alcohol problem; (b) to the kitchen, to the kitchen, and to the kitchen, and to the victim, and to the death and discarded.

” 고 말하며 테이블을 칼로 내리찍는 시늉을 하는 등 마치 피해자에게 위해를 가할 것처럼 위협하였다.

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning the photograph of a crime tool and CCTV closure data;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense, the reasons for sentencing of the punishment of imprisonment (within the scope of the recommended sentencing criteria);

1. The area ( April - 1 year) subject to mitigation of the sentencing criteria (special intimidation for habitual repeated crimes) for the crimes of intimidation;

2. Although there is a favorable condition for the defendant, such as the violation of the decision of sentence, the agreement with the victim, etc., but in light of the content and mode of intimidation, the case of the crime of this case is not less complicated, and the defendant commits the crime of this case using the kitchen knife in consideration of the circumstances unfavorable to the defendant, such as not being able to do so during the period of suspension of execution due to the obstruction of special official duties committed by carrying dangerous articles, and also the defendant commits the crime of this case by using the

In determining the term of punishment, the above circumstances and the defendant's age, sex behavior, environment, family relationship, motive, means and consequence of the crime, and all the conditions of sentencing prescribed in Article 51 of the Criminal Act were considered comprehensively.

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