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(영문) 수원지방법원 평택지원 2015.11.20 2015고단1422
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 9, 2015, at around 20:25, the Defendant told the victim B (here, 25 years of age) who was found in the front of the Pungjin Park Park No. 61-ro 7-gil, and that the Defendant “I will die” as the victim’s face, on the ground that the Defendant did not have any dispute and decentralization with money issues, rearing problems, etc. by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s written laws and regulations;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Application of the sentencing criteria [Scope of Recommendation] Types IV (Habitual Offense, Cumulative Offense, Special Intimidation) and the basic sphere (6 months to one year and six months) (including special mitigations) / Voluntary efforts to recover damage (including serious efforts to recover damage) / motive for the crime (excluding Types V);

2. In light of the fact that the method of committing the instant crime is very dangerous, and that the Defendant committed the instant crime due to a mistake against the victim even though he/she received a disposition of possession by inflicting bodily injury on the victim prior to the instant case, etc., a strict punishment is required against the Defendant. However, the Defendant’s mistake is against himself/herself, the Defendant’s punishment is not imposed (it may be recognized that the agreement between the victim and the Defendant was reached in light of the body of the written agreement), a conflict arises with the victim due to divorce, and there are other circumstances that may be some consideration in light of the circumstances, such as the Defendant’s age, character and behavior, family environment, etc., and the execution of imprisonment with prison labor is suspended at this time on condition of probation and order to attend education.

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