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(영문) 의정부지방법원 2019.10.10 2019고단2146
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 was a person who lives together with the victim B (n, 45 years of age).

At around 03:00 on May 3, 2019, the Defendant threatened the victim with the victim’s house located in Guri-si C, stating, “On the ground that the Defendant was under the influence of alcohol, the victim was able to lock the door of his/her inner door, not opened it, she was frighted by the wall, sound, and she was frighted to the victim and his/her his/her his/her his/her his/her father,” and “crying to the victim and his/her his/her his/her father,” and the victim and his/her dependants, who are in danger in the main door (13cm in blade length, 10cm in knife in knife, knife knife knife knife knife knife knife knife knif).”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 (1) and 283 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) (the scope of recommending punishment) for repeated crimes, special intimidation (type 1) (the person subject to special mitigation) (the scope of recommending punishment), not to impose punishment (the scope of recommending punishment), from 2 months to 1 year (the area subject to mitigation);

3. The instant crime committed by the Defendant’s death in a de facto marital spouse is a threat that “the victim would die out of the country” is imprisoned on the ground that the victim, who is a de facto marital spouse, was not opening an inner door, and thus, was imprisoned by the victim, and the victim and his/her father, who was in an inner room, were in a brucated state. As such, the circumstances, methods, and attitudes of the instant crime were very poor, and the victim and

The defendant shall be punished by a fine for violent crimes, once a suspended execution, etc.

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