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(영문) 대전지방법원 2017.01.10 2016고단3480
특수협박등
Text

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

On June 23, 2016, at around 22:25, the Defendant: (a) expressed the victim’s desire to “one time to die” to the victim on the ground of the victim’s D (n, 27 years of age)’s strong voice, which is keyed in this house, on the grounds that it would be an obstacle to his life; (b) assaulted the victim’s timber on the left hand on one occasion; and (c) continuously used the kitchen (the total length of 30cm, the knive length of 18cc) and excessive (the total length of 23cm, the knife length of 12cc) and the kitchen (the total length of 30cm, the knife) used by the Defendant, and threatened the victim by carrying the knife and the kitchen, which is a dangerous object, with the victim’s “ dead.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs thereof;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. In light of the method of sentencing under Article 48(1)1 of the Confiscation Criminal Act and the criminal punishment of this case, the punishment as ordered is determined by comprehensively taking into account the following factors: (a) the possibility of the Defendant’s criticism is not low; (b) the degree of damage suffered by the victim is minor; (c) the Defendant is against the Defendant; (d) the Defendant has no criminal record of punishment exceeding a fine for the last five years; and (e) the Defendant’s age, sex behavior, environment, etc.

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

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