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(영문) 수원지방법원평택지원 2020.10.15 2020고단528
특수협박
Text

A defendant shall be punished by imprisonment for six 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

The defendant and the victim B (the 59 years of age) are legally married.

Around 02:05 on January 11, 2020, the Defendant took a bath for the victim and the victim during a horse match on the ground that the Defendant, in the Defendant’s house located in Pyeongtaek-si C, took a bath to children B under the influence of alcohol, and took a dangerous object (25 cm in total length, 15 cm in length) in which the kitchen blade was displayed, and took one hand, brought the victim’s trees into excessive use of the victim’s neck, and called “Chewing, dead,” and called “Chewing.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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;

1. Order to attend lectures 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 to seven years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. Determination of sentence cannot be deemed to have low risk of committing a crime, and the victim seems to have suffered considerable mental pain in the instant case.

The defendant has been sentenced to a suspended sentence of imprisonment due to a special injury crime committed against the same victim.

However, there are many kinds of circumstances, such as the defendant's age, character and conduct, environment, motive for and circumstances after the crime, etc.

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