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(영문) 광주지방법원 2016.07.21 2016고단1619
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. Special intimidation: (a) on April 27, 2016, the Defendant would bring the kitchen gate (32cm in total length, 20cm in length, 20cm in length) which is a dangerous object in the kitchen on the ground that the Defendant’s wife F (V, 42 years old) is other male and female, and bring the kitchen E apartment in Gwangju Dong-gu, Gwangju, and the Defendant’s house located in 203 Dong 602, around April 27, 2016, and bring it into the victim’s side gate and bring it into the victim’s side gate.

“Intimidating the victim”, the victim was threatened.

2. The Defendant, at around 03:00 on April 28, 2016, was assaulted against the Defendant’s home on the ground of the foregoing reasons, and was in a defense, for the foregoing reasons.

With TV gramcons, the victim's head and head were 2 times, and the victim's head were blicked by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

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

1. Relevant Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act, Article 260(1) (a) of the Criminal Act, and the choice of imprisonment for a crime, respectively;

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

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. In light of the methods, etc. of committing the instant crime, such as threatening the kitchen knife, which is a dangerous thing to the victim, having a marital relationship with the reason for sentencing under Article 48(1)1 of the Criminal Act, the fact that the nature of such crime is not good, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is against the defendant and has no criminal record of the same kind is favorable to the defendant.

In these circumstances, the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions, including the Defendant’s age, sex, and environment.

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