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(영문) 춘천지방법원 원주지원 2017.07.06 2017고단458
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

1. A special intimidation: (a) on March 28, 2017, the Defendant was under the influence of alcohol to the victim C (54 years) living together with the Defendant, who was under the influence of alcohol at the dwelling of the Defendant, around 06:50 on March 28, 2017, and was under the influence of alcohol, and was under the influence of alcohol to the victim; (b) the victim was the only person, and the victim’s defect; (c) the food knife (32cm in total length, 19cm in length on the day; and (d) the victim’s behavior, which seems to be “to die” and “to kill the victim.”

2. In the above time and place, the Defendant damaged the Defendant’s joint ownership of the Defendant and the victim so that he/she can unrepair the knife by leaving the knife knife glass several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 48(1)1 of the Criminal Act provides that the scope of final sentence due to the aggravation of punishment shall be determined by comprehensively taking into account the following circumstances: (a) the crime committed is a bad crime; (b) the victim in a de facto marital relationship has expressed his/her intention to punish the defendant; (c) the victim has no record of criminal punishment beyond criminal punishment; (d) the victim is not subject to criminal punishment; and (e) the victim is not subject to criminal punishment; (e) the victim’s age, sex, environment, motive and consequence of the crime; and (e) the scope of final sentence due to the aggravation of punishment (i) the mitigation area of punishment (i.e., January to June): (iii) the mitigation area of punishment (i., the person subject to special mitigation) (i.e., the person subject to punishment): (i) the victim’s age; and (ii) the victim’s age; (ii) the victim’s motive and consequence of the crime; and various conditions of punishment after the crime.

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