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(영문) 수원지방법원 2018.03.14 2017고단7332
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 4, 2017, the Defendant, around 19:20 on 19:20, expressed the Defendant’s attitude that the Defendant would inflict bodily harm on the victim’s body by stating that “the Defendant would be at least 19cm in total length, 10cm in length, knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violence, intimidation, and type 4 (Habitual, repeated, special intimidation);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommendations: Imprisonment with prison labor for up to one year;

2. The crime of this case, the sentence of which is determined, shall be disadvantageous to the nature of the crime in light of the method, risk, etc.

Although the defendant had a record of criminal punishment for violent crimes, he/she committed the instant crime. This is an unfavorable circumstance to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

The injured person does not want the punishment of the defendant under the mutual consent with the defendant.

This is the circumstances favorable to the defendant.

In addition, the circumstances indicated in the arguments and records of the instant case, such as the age, sex, environment, circumstances after the crime, and the background of the instant case, shall be determined as ordered by considering.

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