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(영문) 전주지방법원 정읍지원 2016.04.19 2016고단17
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 November 5, 2015, the Defendant: (a) around 00:30, at the front corridor of the victim C (65 years of age) in North-do 101, B apartment house 101, 905 (65 years of age) around the victim’s house; (b) the Defendant, even though she was living on the lower floor of the victim’s house, was living on the victim’s house, but the Defendant continued running away in the house, she laid a kitchen, which is a dangerous object (30cm in total length, 15cm in knife) with the entrance, and put the victim into hot water.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A protocol of seizure and a list of seizure;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] The following are the circumstances favorable to the defendant: (a) the basic area of the crime of intimidation (the period of six months to one year and six months) (the period of imprisonment), the basic area of the crime of intimidation (the period of six months to one year and six months) [no special person subject to sentencing] [the crime of this case in which the victim was threatened with dangerous articles] (the crime of this case in which the victim was threatened with a crime of this case; (b) the circumstances after the crime are committed are not good; (c) the fact that the victim did not receive a letter from the victim until now; and (d) the fact that the victim was unable to receive a sign from the victim due to violence; and (e) the fact that the defendant was committed provoking and against his mistake; and (e) some or some of the details of the crime will be considered.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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