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(영문) 수원지방법원 2018.11.29 2018고단5850
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2018, around 08:40 on September 15, 2018, the Defendant, within the limit of 113:306 of the apartment house B at Osan-si, Osan-si, only filed a divorce lawsuit with the Defendant who is currently in progress with the victim C (V, 50 years of age).

However, when the victim was refused from the victim, it means that the transition (19cc in total length, 9cc in length on the day) in the house is large for the damaged person, and "to die" is "to die."

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Application of Acts and subordinate statutes to records of seizure and list of seized articles and photographs thereof;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] and the basic area (from April to June) of the sentencing criteria (the person who is subject to special sentencing) (the person who is subject to special sentencing)

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

A favorable condition: A condition unfavorable to a person who has no record of punishment in the Republic of Korea: The fact that the crime of this case, which is threatened by the use of excessive amount, is not good, is demanded to maintain the marital relationship with the victim in a divorce lawsuit.

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