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(영문) 의정부지방법원 2017.05.15 2017고단1122
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 23:50 on March 12, 2017, the Defendant, at the home of the Defendant, at Yangju-si C, A, A (A), 101 on 101, was under the Defendant’s wife D (n, 49 years of age) with the Defendant’s wife’s wife victim D (n, n, 49 years of age).

It is doubtful that the victim “(b) was placed in a mental hospital, and the male in E apartment in E apartment, and was playing well.

In addition, whether it was reargued or not.

It is intended to kill all of the people who die and spathn play.

The term "welve" means "welves (kn length: 18.5cc., total length: 30cc.) which are dangerous things in the kitchen, are together with the kitchen knives (No. 1) which are dangerous things in the kitchen, and threaten the victim as if he were the victim's knives and sludge, and continue to kill the fnife.

After the phrase "I Doz.", the kitchen kn't kn't kn't kn't kn't kn't kn't go to E apartment in both weeks together with the victim.

On March 13, 2017, the Defendant, along with the victim around 00:00 on March 13, 2017, divided the first class of the E apartment into KRW 904, but the Defendant did not get any other person, again getting off the elevator into the first floor, and the victim “hicked at the house.”

The death will be discarded.

‘Along with the meaning of “the kitchen knife”, the kitchen knife threatened the victim with the kitchen knife in the kitchen knife.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Entry in seizure records, investigation reports (EE CCTV reading), CCTV-cape data, video recording records, and application of statutes to video records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of statutory applicable sentences] Imprisonment with labor for not more than seven years [the type of determination] Type 4 of intimidation (Habitual, Cumulative, Cumulative, and Special Intimidation) among the groups of violent crimes [the special sentencing factors] mitigation element of punishment: Non-compliance with punishment (the scope of recommending punishment).

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