(영문) 수원지방법원 2018.10.19 2018고단4740

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자간(%)

(영문) 수원지방법원 2018.10.19 2018고단4740

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 5, 2018, the Defendant had a good appraisal on the ground of disregarding himself/herself, the Defendant committed an act that seems to cause harm to the body of the victim and threatened the victim by stating that he/she had a dangerous object ( approximately 30 cm in total length, approximately 18 cm in length) that he/she had in advance been in possession of the victim in the future of the Sinsan-ro 275, Osan-si, Masan-ro, 275, Olsan-si, Masan-ro, 30 cm in total, and 18 cm in length).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation:

1. Application of the provisions of Acts and subordinate statutes to kitchen 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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that there was a record of being sentenced to a fine several times due to the crime of assault and bodily injury, the fact that there was an injury to the same victim among them, and the fact that there was an injury to the same victim at the night and that there is a higher risk by threatening a person with a kn

The punishment shall be determined as per the disposition, in consideration of various circumstances, such as the fact that the victim appears, the fact that the victim has agreed smoothly with the victim, and the confession and reflection of the crime.

참조조문

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