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(영문) 광주지방법원 2017.08.10 2017고단1845
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2017, around 07:52, the Defendant: (a) took the kitchen gate (the total length of 34 cm, 22 cm) which is a dangerous object for the Defendant to live in the side house before the house of the victim C (39) located in Gwangju Northern-gu 206 Dong 601 on the ground that the victim was sleeped by the victim; (b) the kitchen gate (the total length of 34 cm, 22 cm); and (c) marked the front door, and (d) “hackh and kick.”

Accordingly, the defendant carried dangerous articles and threatened the victim as he inflicts bodily harm on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to each photograph (the form of a knife and the kitchen knife which knife);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the argument of this case.

The favorable circumstances are confessioned and reflectd.

It seems that there is an impact on the colon's disease who was suffering from the crime of mental and physical weakness.

There is no previous offense exceeding a fine.

It is clear that the defendant's crime committed a serious fear that the victim was suffering.

There has been several records of punishment for assault and damage to property.

There is a risk of recidivism under the influence of alcohol.

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