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(영문) 수원지방법원 안산지원 2016.09.27 2016고단2177
특수협박
Text

A defendant shall be punished by imprisonment with prison labor 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 and conclusive.

Reasons

Punishment of the crime

On December 18, 2016, the Defendant: (a) around the Dong Residents Center located in the Gu of Ansan-si in Ansan-si on December 18:00, 2016, the Defendant saw the victim C (35 years of age) who was in his possession of dangerous articles (26cm in total length) as his hand, and told the victim that “the death and death were discarded”.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code appears to be the confession and reflect of the crime of this case, the defendant agreed with the victim after the indictment of this case, the victim does not want the punishment of the defendant, the defendant expressed his intention not to repeat the crime by taking into account all the circumstances, including the fact that the defendant has been punished several times due to the same kind of crime, and the defendant has been punished by a fine, and the sentence shall be determined within the scope of the sentencing standard [4 months in the area of mitigation - 1].

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