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(영문) 창원지방법원 2017.04.19 2017고단955
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 9, 2017, the Defendant was under the influence of alcohol from the Seongdong-gu Seoul apartment building 304 Dong-gu, Changwon-si, Changwon-si, the Defendant 304 Dong-gu, the Defendant was under the influence of alcohol, and was under the influence of noise from the victim D(47 years of age). The Defendant saw the kitchen knife, which is a dangerous thing in the Defendant’s home room, and 32 cm in the width of the kitchen (32 cm on the day). The Defendant saw as the victim, “the death of this knife” is discarded.

“The victim threatened the victim as to what harm would be inflicted on the victim’s body, etc.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of statutes on site photographs;

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. The sentencing criteria [Scope of recommending punishment] Class 4 (Special Intimidation for Habitual Offense) (Special Intimidation) and the mitigated area (referring to four months to one year) (Special Sentencing) of the mitigated area of punishment;

2. The cases of intimidation, which could cause harm to the life and body of others, in a kitchen knife, which is a dangerous thing by the defendant who has determined the sentence of punishment, are not easy;

In particular, it is not good that the defendant committed the above crimes against neighbors in the corridor of multi-family housing that many people use as a residence and thereby harming the life and body of others as well as the peace of residence.

Moreover, the defendant has been punished several times of violent crimes.

However, the defendant reflects his fault in depth.

It seems to be a crime that has been committed by drunkly.

After the formation of the crime, the injured party does not want the punishment of the defendant by making a full agreement with the injured party.

In the last ten years, there was no criminal record of the same kind, and there was no criminal record of the probation for the last twenty years.

The elderly and the th degree of disability with brain lethy disability can not be healthy, and this point is not good.

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