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(영문) 창원지방법원 통영지원 2016.06.15 2016고단387
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On February 15, 2016, the Defendant: (a) while drinking alcohol with the Victim C (53 years of age) within 205 of the building B at 200:05 on February 15, 2016, the Defendant: (b) reported the victim’s friendly son’s photograph sent by the victim to Stockholm (Kakao ( smartphone message); and (c) thought that the victim’s her friendly son’s son’s son’s son’s son’s son’s son’

Before having taken a bath to “the victim,” the victim sees the phrase “the victim who does not drink and drink,” and sees, in turn, the victim’s right-hand bed one time, with the victim’s hand, and the Defendant continues to see the victim’s “her death during the blathe.”

"A knife a knife, knife a knife, knife a knife, and knife a knife, which is a dangerous thing in the main room of the knife," and "a knife the knife, flife, knife, and knife the knife," and "a knife the part of the victim's knife, knife the knife, and the victim who intends to come out of the knife, "a knife the knife,"

“The blade cited as “” was samped against the wall of his dwelling and threatened with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the recommended punishment (Habitual, repeated, and special intimidation) is nonexistent;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The circumstances or motives of the instant case have no particular reason; the fact that there is a very high risk of having a dangerous weapon; and there is no measure to recover from damage.

(k) favorable circumstances: beyond the fact that they appear to be a contingent crime, and intimidation.

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