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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단2496
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On June 2, 2015, at around 23:20, the Defendant: C Apartment 103 201, the Defendant’s residence of the Defendant located in Pakistan, and the victim D (32 years of age) and the victim E (50 years of age) who arrived to transfer the Defendant to the alcohol addiction treatment hospital. The Defendant called “scars, scars, scars, scars, scars, scars, scars, scars, scars, and scars, scars (30cm in length),” and scars (8cm in length) in one hand, scars, which are dangerous things, and scars (8cc in other hand), scars, scars, and scars, scars, and scars.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Notification to a department related to 112 Incident Report;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act, based on the suspended sentence, was poor circumstances leading to the crime of this case, and the risk of causing harm by inducing victims, etc., was also emphasized, and the defendant has committed violent crimes in the past. It is disadvantageous that there was an enemy who committed violent crimes in the past.

However, considering the fact that the mental health of the defendant seems to have partly affected the crime of this case, and that the defendant is obliged to receive a conscientious treatment in the future, and that there is no record of punishment for the previous suspension of qualification or heavier punishment, and that the defendant is against his own gender, age, economic condition, etc., the execution shall be suspended at once.

It is so decided as per Disposition for the above reasons.

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