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(영문) 부산지방법원 2016.04.21 2016고단677
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 and the victim B are legally married couple on May 6, 2009.

1. On March 20, 2015, at the defendant's house located in Suwon-gu, Busan, on the ground that the victim B (here, 30 years of age) her drinking alcohol was flickly returned to her home, was flickly brought about, and she was flick, at the defendant's house located in Suwon-gu, Busan, and that she was flickly brought about her drinking alcohol to her home, and that she was she was flick, and that the victim's knick knick (a total length: about 30cm, about 16.5cm: 16.5cm) was her hand, and the victim's knick knick, " she was flick only a boat site."

2. On May 28, 2015, at around 05:50 on May 28, 2015, at the places indicated in paragraph 1, the Defendant is dissatisfied with the Defendant’s reporting the Defendant’s crime described in paragraph 1 to the police, and is a dangerous object at the seat of that place (total length: 23.5cm, blade length: 12.5cm), while the Defendant took as his hand the Defendant’s hand the excessive amount (the total length: 23.5cm, blade length: 12.5cm). C.

The victim threatened the victim by putting the phrase, "Chos, Chos, and Chos," which is called "Chos, Chos," and putting excessive amounts into force.

In this respect, the defendant carried a dangerous article over two times, and threatened the victim with a blade and excessive charge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of the Acts and subordinate statutes concerning photographic photographs of criminal tools, field photographs, and photographic photographs of criminal tools;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Crimes No. 1 [the scope of recommendations] for the reasons for the sentencing of Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture, and the sentencing of Article 62-2 of the Criminal Act. The mitigated area of crimes No. 4 [the scope of recommendations] for the mitigated area (4 months to 1 year), [the person who is subject to special mitigation] for the punishment not for the punishment (including efforts to recover damage), or where considerable damage has been restored, the crime No. 2 [the scope of recommended punishment] for the crime of intimidation No. 4(Habitual, repeated crimes, special intimidation), for the mitigated area (4 months to 1 year).

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