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Reasons
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(영문) 창원지방법원 진주지원 2016.07.13 2016고단341
특수협박
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 02:00 on March 18, 2016, at the house of the victim C (the 56-year old), who was in the past relationship with the Defendant in Jinju-si B, followed the Defendant’s refusal of the Defendant’s demand, and again, the Defendant, on the floor, laid down the knife (the knife length 21cm, the total length 35cm) which was a dangerous object that had been at the same time, suspected that the victim had been living in another male.

“The injured party collected the knife of the knife, another knife (21cm in length on the knife, 35cm in total) and said that “the knife and the deceased.” was “the knife and the knife.” to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order intimidation the victim who was his/her relationship with him/her by using a knife, the risk is considerable and the quality of the crime is not good.

However, the fact that the defendant reflects his/her criminal act, reaches an agreement with the victim, and that there is no record of punishment other than the fine, etc. shall be considered as favorable to the defendant, and the punishment shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and theories of this case, such as the age and sexual behavior of the defendant, etc.

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