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(영문) 춘천지방법원 강릉지원 2019.01.24 2018고단1161
특수협박
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

around 13:07 on August 24, 2017, the Defendant threatened the victim D (58 years old) who was in de facto marital relation (hereinafter “Ccafeteria”) at the “Ccafeteria” located in Sam-si B, Sam-si, 2017, on the ground that the Defendant’s de facto marital relation (hereinafter “legal divorce”) would not interfere with the Defendant’s exercise of the Defendant’s right to defense even if the indictment was corrected without the amendment process, and thus, the Defendant’s de facto marital relation (e.g., correction ex officio) would go against the Defendant’s right to defense. B, the Defendant brought the knish, which is a dangerous object outside the restaurant, and brought the knife, knife, knife and knife, and made the victim’s knife with the victim’s knif.

Accordingly, the defendant carried a dangerous article, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, comprehensively taking into account the following circumstances, the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as set forth in the instant pleadings, the sentence shall be determined as ordered.

The favorable circumstances: The confession, the first offense, and the conditions unfavorable to the first offense: the crime is not good in light of the danger of the instrument and method of the crime, and the victim wanted to punish the defendant.

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