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(영문) 의정부지방법원 2018.05.09 2018고단844
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 is a person who resides in the upper floor of an apartment, such as the victim D and E, 1503.

On February 11, 2018, the Defendant used a kitchen (18ccin length, 30cc in total length) which is a dangerous object from the entrance of 110 dong 1403 at the time of the Government around 21:20 to the victim E, while carrying a kitchen (18cc in length on the day, 30cc in total) which is a noise problem between floors at the entrance of 110 dong 1403.

It means "A knife knife outside the door of 1403 and threatened the victim D with "Chife ...."

Accordingly, the defendant threatened victims by carrying dangerous articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of damage arising from the E and D preparation;

1. Application of Acts and subordinate statutes of protocol of seizure, list of seizure and seized blades and photographs;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. Punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria [Scope of recommending punishment] the basic area (six months to one year and six months) (no person subject to special sentencing) of the basic area (six months to one year and six months).

3. Determination of sentence: The act of putting deadly weapons and intimidation beyond the problem solving through dialogue even though the noise between six months of imprisonment and two years of suspended sentence has undergone a serious conflict due to the noise between the two years of suspended sentence shall be deemed to be bad in the nature of the crime in consideration of the risk of the crime.

A injured person is punished for the defendant.

There is no record of punishment for the defendant.

The crime of this case seems to have been committed contingently.

It seems clear that the personal relationship between the defendant and his family members seems to be clear, such as the defendant's depth is against the defendant and the defendant's wife against the defendant.

Considering these circumstances in favorable circumstances, the defendant's age, sex, environment, circumstances, methods and results of the crime, circumstances after the crime, and other arguments.

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