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Reasons
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(영문) 청주지방법원 2018.08.09 2018고단283
특수협박
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A defendant shall be punished by imprisonment for not more than ten 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 October 25, 2017, at around 13:30 on October 25, 2017, the Defendant: (a) there was no cash that had been delivered with YY YYY YYY YYY YYYYY YYYYY YYYYYYY YYYYYYYYY YYYYYYYY YYYYYYYY YYYYYYY YYYYYYYY

“Around 14:12 on the same day, the injured party, who received the above phone, re-enters the victim’s residence into the Defendant’s house, locked the victim’s head by gathering the net value in the room, thereby threateninging the victim’s head into the victim’s head and d. in terms of tax calculation.” The injured party, who received the above phone at around 14:12 on the same day, was living out of the window with the defect of reporting 112.

Accordingly, the defendant carried a dangerous article, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 A list of reported cases;

1. Application of the statutes on seizure records and the list of seizure lists;

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 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. Where the sentencing criteria [Scope of recommended punishment] Class 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (4 months to 1 year), the mitigation area (including special mitigation persons), the punishment non-won (including serious efforts to recover damage), or considerable damage has been recovered;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

It is bad to commit a crime by threatening the other party to use a saves which can save the name of the other party, the fact that the previous criminal records of violence have been led to three times, and that the other party has agreed with the victim.

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