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(영문) 춘천지방법원 2020.04.08 2019고단1284
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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 and the victim B (the age of 43) are legal couple.

around 22:00 on December 7, 2019, the Defendant: (a) called “to throw away the knife in the knife” to the victim, who was in the said main room, on the ground that the victim did not pay money; and (b) carried the knife of the knife in the knife in hand (the knife knife knife knife knife knife knife knife knife knife knife).

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Investigation report (D phone call for a witness);

1. Application of Acts and subordinate statutes to photographs of seized articles and field photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is mitigated (2 months to one year), the area of mitigation (2 months to one year), the area of punishment not subject to punishment (including serious efforts to recover damage), or considerable damage is recovered;

2. The Defendant, who was sentenced to sentence, threatened the victim with excessive possession of dangerous objects, and in light of the risk, etc., the liability for the crime is heavy, and the Defendant is classified as class A from September 16, 2019 to the Gangwon Chuncheon Police Station, Gangwon-do Police Station, which is likely to cause recurrence of domestic violence.

However, there are many instances in the trial process of this case, such as the fact that the defendant has both recognized and reflected the defendant's crime, that the defendant was excessively displayed or did not act against the victim; that the victim does not want the punishment of the defendant; that the victim does not want to do so; and that the age, character and conduct, intelligence and environment, family relations, and circumstances at the time of the crime.

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