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(영문) 춘천지방법원 강릉지원 2019.06.13 2019고단355
협박등
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

In around 2014, the defendant, who was divorced from B around 2019, had been able to think that B had reached the victim C (the age of 46) and the non-humanity at the time of the married life.

On May 2, 2019, at around 03:00, the Defendant: (a) 10-29, Cheong-ro, Cheong-ro, Cheong-ro, Cheong-ro, 10-29, the Defendant: (b) took a kitchen (34 cm in total length, 22 cm in length) which is a dangerous object that had been prepared in advance to meet the Victim C; and (c) sound was “to throw away the Victim”; (d) the victim commenced the escape, and (e) took a knife toward the floor near the Victim.

Accordingly, the defendant threatened the victim with the kitchen knife, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. 112 Reporting case management table;

1. Report on internal investigation (as to the field situation):

1. Application of the Acts and subordinate statutes to the internal investigation report (the verification of a vehicle black box that was parked in the vicinity of the place where the occurrence occurred), to photograph the black stuffs image images, and to the black stuffs video CDs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: One month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type 4] repeated crimes, special intimidation [Special Intimidation]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered, the area of mitigation [the scope of the recommended punishment and the recommended punishment], the area of mitigation of imprisonment with labor for two months to one year;

3. Circumstances unfavorable to the determination of sentence: The circumstances in which the nature of the crime is not good in light of the risk of the method of crime: the defendant recognizes and reflects the crime, the victim does not want the punishment against the defendant by the smooth agreement with the victim.

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