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(영문) 의정부지방법원 2016.09.02 2016고단2598
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

In around 2013, the Defendant, even though having been divorced by law with the victim C (at 50 years of age) around 2013, was living together as a matter of division of property of “D 108 Dong 301 at Yangju-si,” which is the victim

On July 1, 2016, the Defendant, at the above place on July 16:34, 2016, threatened the victim with a kitchen knife, which is a dangerous object in which the victim had come to a dispute with another male, while the victim talked with another male.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Investigation report (case of the monetary content of his/her husband and wife E), investigation report (case of the monetary content of his/her husband and wife);

1. Application of the Acts and subordinate statutes to deadly weapons and photographs;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The mitigated area (4 to 1 year) of the mitigated area (4 to 1 year) (Special Intimidation) of the Social Service Order Act / [Pronouncement Decision] The instant crime was committed by carrying kitchen knife and threatening the victim, and the method of receiving the crime was very dangerous, there is a need for strict punishment of the Defendant.

However, in full view of the various circumstances, including the confession of the Defendant to commit the instant crime, the fact that there was no history of punishment exceeding the fine, the victim wants the Defendant’s wife, the Defendant’s age, character and conduct, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions of sentencing as shown in the records and arguments, the sentence shall be determined as ordered.

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