(영문) 광주지방법원 2017.06.15 2017고단977

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줄 간격

자간(%)

(영문) 광주지방법원 2017.06.15 2017고단977

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 23, 2017, the Defendant: (a) filed a dispute with the victim on the ground that the injured party, while drinking in the Gwangju Mine-gu B, 203 203 Do 302 and 302, would have come up with his/her job even after having received his/her job through the Defendant; (b) collected a knife, which is a dangerous thing in the kitchen (a total length of about 28 cm, about 16 cm, about 17 cm, and about 90 m in the length of the day), and collected the knife (a total length of about 17 cm, about 17 cm, and about 90 m in the length of the day) and collected the knife from the victim.

“The knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife knife knife knife with left hand,

“Along with the appearance of the body, I threatened the victim by turning the body of the body of the deceased.”

Accordingly, the defendant carried a dangerous knife and a knife, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to knives and photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] types 4 (Habitual, repeated, and special intimidation) (4 months to 1 year) and the area of mitigation (4 months to 1 year) (special mitigation factors) and no penalty is imposed;

2. Selection of imprisonment shall be made by taking into account the fact that a person commits a crime with a high risk of using the knife and the knife of a sentence, two criminal records of violence, and the fact that he/she has served a prison term after being sentenced to a sentence of imprisonment, but the victim does not want such punishment, the confession of the crime, reflects the fact that the victim committed a crime, and has no criminal records of violence after 190, etc., a punishment shall be determined as per the order and the execution thereof shall be suspended by taking into consideration favorable

참조조문

-형법 제62조 제1항

-형법 제283조 제1항

-형법 제284조

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