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(영문) 의정부지방법원 고양지원 2018.04.11 2018고단326
특수협박
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has maintained the marital relationship after reporting the marriage with the victim B in 2007.

The defendant around 11:35 on January 14, 2018, at the victim's dwelling room located in C at the time of strike, the victim's defect in the victim's drinking together with the victim's defect in "the victim's defect in divorce", and the defendant's error in the calculation of tax base.

The death, death, and death of the deceased.

" 고 하면서 화장실 앞에 보관 중이 던 석유통을 들고 와 피해자의 옷과 머리 및 바닥에 깔려 있던 이불에 석유를 뿌리고, 라이터로 담배에 불을 붙여 피우려는 시늉을 하여 위험한 물건인 석유와 라이터로 마치 피해자의 신체에 위해를 가할 듯이 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records and list of seizure;

1. On-site and victim photographs;

1. Application of the Acts and subordinate statutes requesting an investigation report ( Results of appraisal of seized articles), and replys to requests for appraisal;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. In light of the fact that petroleum, which is a dangerous object for sentencing under Article 48(1)1 of the Confiscation Criminal Act, was distributed to the body of the victimized person and threatened him/her, the crime of this case is inferior, but the injured person does not want the punishment of the defendant, the crime of this case is committed contingently, the crime of this case is against nature, and all of the sentencing conditions under Article 51 of the Criminal Act are considered.

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