(영문) 수원지방법원 2016.11.04 2016고단4813

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(영문) 수원지방법원 2016.11.04 2016고단4813

특수협박

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 7, 2016, at the defendant's house located in Suwon-si B and 205 on Suwon-si B and 205 on August 7, 2016, the defendant, while drinking alcohol to resolve conflicts arising from noise with the victim C (the age of 46) residing in the same building, and the victim under the influence of misunderstanding that the victim would put oil in the racker to smoke to avoid smoking and that the victim would die, thereby pointing the victim's sound "I will see whether I am, I am, I am, I am, I am back to the house, and then, I am back the victim's house before the victim's house, I am the victim's knife (the blade length 21cm, the total length of 32 cm, No. 1) which is a dangerous object, and threatened the victim "I am dead."

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to entries in the records of seizure and the list of seizure;

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 (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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

1. The range of recommendations on the sentencing criteria [the range of recommendations] shall be 4 months to 1 year in imprisonment with prison labor for a mitigated area (a person subject to special mitigation] (a person subject to special mitigation], and 4 months to 4 years in prison;

2. In light of the fact that the Defendant, who was sentenced to the sentence, once again commits a crime even though he had the record of punishment for the same kind of crime or violent crime, the liability for the crime is not easy, but on the other hand, the Defendant does not want the punishment against the Defendant by mutual consent with the victim, and the Defendant has led to the confession of the crime, taking into account the circumstances favorable to the Defendant, set the term of the punishment against the Defendant for ten months, and the execution of the sentence shall

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