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(영문) 전주지방법원 정읍지원 2019.08.22 2019고단222
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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

While the Defendant was suspected of having been in a de facto marital relationship with the victim B (n, 45 years of age) and suspected of having a normal victim’s external rating, the Defendant brought about the victim’s appearance on April 24, 2019, on the ground that, around 21:50 on April 24, 2019, the Defendant went to Schlage at the defendant’s house located in the Eup/Myeon of Dong-Eup, for the reason that it was late due to the delay of the victim’s appearance, and, on his hand, pushed the victim’s parts such as the victim’s, etc. by hand, and continuously assaulted the victim’s phone, and made it doubtful that the victim did not have a phone from another male who was suffering from the victim’s wife, and caused the victim to die, “the victim” to die and threaten the victim by cutting the knbs on the part of the other male.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on internal investigation (on the spot conditions, etc. at the time of withdrawal), relevant photographs, and list of reported cases;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of victims and on-sites);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the accused is led to confession and reflect, and there is no risk of reoffending; (b) the accused has no record of punishment since 2009; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the conditions of all the sentencing specified in the arguments of the instant case, including the circumstances after the crime, shall be determined by comprehensively taking account of the following factors.

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