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(영문) 창원지방법원통영지원 2020.09.17 2020고단598
특수협박등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a relative of the victim B (n, 25 years of age), was living together with the victim who raises three children.

1. The special intimidation defendant raised the victim's children on February 1, 2020 0:40 Sc apartment D at 00:40 Scam on February 1, 2020, the defendant called "Iskn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

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

2. The Defendant, on April 5, 2020, brought up the children of the victim at the place indicated in paragraph 1 of Article 21:00 on April 5, 202, brought about a dispute with the victim, and brought about the victim's knife and knife the victim's head, knife the victim's head, and knife the victim's head by hand.

Accordingly, the defendant committed violence against the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statutes on statements;

1. Relevant legal provisions concerning criminal facts, Articles 284 and 283 (1) of the Criminal Act that choose a punishment, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment for concurrent crimes as provided for in heavier special intimidation, but limited to the sum of the long-term punishment for two crimes];

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

B. Second (Determination of Punishment of Violence) Violence Act: 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation) and imprisonment with prison labor for February to October.

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