logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2017.06.22 2017고단151
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

The defendant and the victim B (55 years old) came to know while working days, and the defendant and the victim B (5 years old) were living together in South-Namnam-gun C from April 2017.

Around April 16, 2017, the Defendant 1 and 21:30, while drinking together with the victim at the above residence, the Defendant 1 and 3: (a) stated knife a knife (20 cm length, 34 cm in total length) as a knife, which is a dangerous thing in the knife, and knife a knife (20 cm length, 34 cm in total length) on the part of the victim, and (b) stated knife the knife with the victim.

p. The gue shall be discarded by death.

“The knife knife knife knife knife knife knife knife knife, 29ccife knife knife knife knife knife knife knife knife knife.

“The threat was made”.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] types 4 (Habitual, repeated, and special intimidation) (4 months to 1 year) and the area of mitigation (4 months to 1 year) (special mitigation factors) and no penalty is imposed;

2. The crime of this case is not suitable in light of the fact that the defendant's decision of sentencing could cause a serious damage to him as a result of the crime.

However, in consideration of the fact that the defendant is against the defendant, the fact that the defendant agreed with the victim, and the defendant has no record of punishment exceeding the fine due to violent crimes, etc., the punishment as ordered shall be determined.

arrow