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(영문) 수원지방법원 안산지원 2019.06.21 2019고단917
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 4, 2019, at least 10:00 to 11:00, the Defendant: (a) was using a kitchen, which is a dangerous thing in the kitchen, while the Defendant was fighting between the victim and his wife, and (b) was using a kitchen, which is a kitchen (20cm, approximately 32 cm in total length) and a kitchen, which is a dangerous thing in the kitchen; and (c) was using a kitchen (32 cm in total length) in a bath room, the Defendant threatened the victim as if the victim was knife in the bath room; and (d) assaulted the victim with a knife, she was flue by threatening the victim as if the victim were knife in the bath room.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on the list of cases of investigation reports (passing instruments photographs and documents of report 112), photographs of criminal tools, and application of 112 reporting items;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: From April to January 11 (the maximum of crimes No. 2).

3. Circumstances unfavorable to the decision of sentence: The circumstances in which the nature of the crime is not good, such as threatening the victim, assault, etc., and do not make any effort to recover the damage, shall be normal; and

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