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(영문) 서울남부지방법원 2016.11.10 2016고단4349
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 12, 2016, the Defendant: (a) around 15:40 on August 12, 2016, the Defendant used a kitchen as a neighboring resident who jointly uses the toilet (the age of 55) and a toilet use-related dispute; (b) the kitchen, which is a dangerous thing in the Defendant’s house and the kitchen, is a kitchen (the length of approximately 31cm and 19cm in length), and said, “I will do so.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of D;

1. Application of statutes on site photographs;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes. Article 283 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria;

(a) Determination of types: [18] Violence, 04. Intimidation, [Type 4] Habitual Offense, Special Intimidation

(b) A special-at-law or general-at-law: None;

(c) Scope of recommendations: Basic area, six months to one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, probation for one year (limited to reasonable circumstances), there are soldiers, and there is no record of criminal records after 199 and there is no record of criminal punishment heavier punishment than that of suspension of execution for which there is no record of criminal records after 199. [Unfavorable circumstances] There is a hostile threat of the victim in knife before committing the instant crime; majority of violent criminal records before 199; and agreement with the victim;

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