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(영문) 광주지방법원 순천지원 2020.06.10 2019고단3073
협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 15, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of injury in the Gwangju District Court's Netcheon Branch on March 13, 2019 and completed the execution of the sentence in the Gwangju Prison on March 13, 2019.

The defendant is the neighbor who resides in the same apartment house.

On November 24, 2019, around 14:30 on 14:30 on 24, 2019, the Defendant found it as the residence of the victim of net C Apartment D, and notified the victim and his family members of the victim that they would threaten the son in the peta.", "I will die in the peta, peta, and he will die in the knife, and that I will die in the knife."

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 reported case handling table;

1. Sound CDs;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (Attachment to suspect-related cases and confirmation of repeated crimes), copies of written judgments, and application of Acts and subordinate statutes of the Criminal Procedure Act and subordinate statutes concerning confinement information;

1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. The defendant of the reason for sentencing Article 35 of the Criminal Act, among repeated crimes, can be found to have been punished for committing violence against neighbors in the apartment complex where he resides.

Although the defendant was sentenced to a suspended sentence due to injury to the residents of apartment, he was sentenced to the same victim again during the suspended sentence, and was sentenced to the same victim again for four months, and again committed the crime of this case without being aware of the period of repeated crime after the release.

The content of the crime of this case is also found in the house of neighboring residents, and the crime is not good and the risk of recidivism is considered to be reasonable.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character, conduct and environment, etc. are determined as ordered by considering the confession and reflective attitude of the defendant.

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