(영문) 수원지방법원 성남지원 2019.05.30 2019고단986

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(영문) 수원지방법원 성남지원 2019.05.30 2019고단986

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant was a person who was living in the side house of the victim B's female-friendly job offers C, suffering from ordinary uneasiness, and there was a habit of accompanying with a knife.

On April 21, 2019, at around 16:00, the Defendant moved the said Category C’s animal in the vicinity of Sungnam-si D, Sungnam-si, and then became a vision with the victim on the ground that the Defendant changed the Defendant, and then, the Defendant took a dangerous thing ( approximately 9cm in length, approximately 20cm in length, about 20cm in length) that was in possession of the Defendant’s money, and threatened the victim with a approximately 1m difference in volume to the victim’s body or life.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Probation under Article 62-2 of the Criminal Act;

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

1. The scope of recommendations according to the sentencing criteria (decision of types) and the basic area of repeated crimes and special intimidation [the scope of recommendations and recommendations], and April through June of imprisonment;

2. The punishment of a crime shall not be minor in light of the details, motive, circumstances, risk, etc. of the crime committed;

However, the degree of intimidation is not very serious, the defendant's mistake is divided, and the mental and medical treatment is taken into consideration in favorable circumstances, such as the fact that there is no criminal force, and that there is no criminal force.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.

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