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(영문) 춘천지방법원 2018.01.30 2017고단1303
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 23, 2017, at the house of the victim C (W, B, 38 years old) of Chuncheon B, 201 around 22:0, the Defendant, without properly responding to his own horses, placed on the ground of a knife knife (the total length of 31cc, the knife length of 19cc) with a knife (the total length of 31cm, the knife length of 19cc) which was dangerous for the Defendant to disregard himself.

"The victim was threatened by acting as if he would inflict harm on the victim, possessing dangerous objects, and threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of seizure records and statutes concerning the list of seizure;

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. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] The sentencing factor is the sentencing factor unfavorable to the defendant, such as the following: (a) type 4 (Habitual, repeated crime, and special intimidation) in the mitigated area (4 to 1 year); (b) in the mitigated area (including April to 1); (c) in the event that punishment is not imposed (including serious efforts to recover damage); or (d) in the event that a victim was threatened with a knife, which is a dangerous thing of the defendant, by taking advantage of the knife, the act of intimidation is not less than that of the defendant; (b) in the event that the defendant committed violent crime, was suspended from execution in around 2012; and (c) the defendant has a history of having

On the other hand, the fact that the defendant led to the confession of the crime of this case, and that the victim did not want the punishment against the defendant by agreement with the victim is an element of sentencing favorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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