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(영문) 제주지방법원 2017.06.02 2017고단336
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

On January 7, 2017, the Defendant found in the house of the victim D (Woo, 47 years of age) who is a female woman in Seocho-si C on January 23:58, 2017, and found it into the house of the victim's male problem, and tried to cover the trial expenses as a matter of the victim's male problem, and has a knife (33 cm in total length, 21 cm in length) which is a dangerous thing in the kitchen and in the kitchen, and throw away the knife into the face of the victim and the victim.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to the scene and victims, and criminal implements 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. The reasons for sentencing under Article 62(1) of the Criminal Act, the following circumstances, shall be considered, and the sentence shall be determined as per Disposition.

Disadvantageous circumstances: The nature of the crime is bad in consideration of the tool used in committing the crime, the relationship between the defendant and the victim, and the motive of committing the crime.

A favorable circumstance: The victim does not want to punish the defendant.

There is no record of criminal punishment other than fines on two occasions before 2002.

Other: Circumstances after crimes, age, family relationship, environment after crimes

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