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(영문) 수원지방법원 안산지원 2019.02.19 2018고단4400
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:50 on November 11, 2018, the Defendant: (a) had a knife with C on the ground that the victim D(38 years of age) was aware of himself; (b) had two kitchen kitchens (32.5 cm in total length, 21 cm in length, 32 cm in length, 20.5 cm in length) which are dangerous things in the Defendant’s house, and had two kitchens, which are dangerous things in the Defendant’s house (2.5 cm in total length, 32 cm in length, 20.5 cm in length, knife in hand, and threatened the victim by tightly pushing the knife, and by threatening the victim.”

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. In light of the fact that the reasons for sentencing under Article 48(1)1 of the Criminal Act include many kinds of force of the same crime against the defendant, the circumstances leading to the crime, the means leading to the crime, and the attitude of the act, etc., it is necessary to strictly punish the defendant.

However, the sentencing conditions as ordered shall be determined by comprehensively taking into account the facts charged by the defendant, the age, character and conduct, environment, circumstances after the crime, etc., and the sentencing conditions as shown in the trial process.

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