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(영문) 청주지방법원 2017.10.25 2017고단1382
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant was married between the victim B (n, 50 years of age) and the around 1993 and was living separately from February 2017.

On May 14, 2017, the Defendant, on the ground that the victim was unable to enter the house, Seowon-gu Seoul apartment house 106 Dong 1201, Seowon-gu, Cheongju-si, Cheongju-si, Cheongju-si, 106, and 1201, the Defendant used the kitchen gate (20cm length of the blade) in his hand, and threatened the victim by carrying a dangerous object, stating that the victim was " dead."

Summary of Evidence

On-site photographs of the police's statement B against the defendant's legal statement, and the application of statutes

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant, even though having been punished by violence, has a record of being committed by violence, it is not good to detect him and threaten him to commit a crime.

However, the defendant's mistake is against the defendant and the defendant's punishment is considered as a favorable reason for sentencing, and the punishment shall be determined in consideration of the age, sex, environment, etc. of the defendant.

[Assault]

1. On May 14, 2017, the Defendant: (a) around 17:20 on the Cheongju-si, Cheongju-si, Cheongdong-gu, 106 Dong-gu, 1201, the Defendant: (b) brought the front door 106 Dong-gu, 1201; and (c) made it impossible for the Defendant to enter the victim’s house with his her her her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

2. Dismissal of public prosecution;

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. On September 20, 2017, after the instant indictment, a letter of agreement was submitted to the effect that the injured person does not want to be punished by the Defendant.

(c)

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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