2014Mos534 Gas emitting, Intimidation

A

Phographs (prosecutions) and leaps (public trial)

Attorney B (Korean National Assembly)

November 14, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive. It shall order the defendant to be put on probation.

Criminal facts

1. Gas emission;

On August 3, 2014, at around 13:40 on August 3, 2014, the Defendant released gas from the victim's home using the kitchen knife on two occasions on the ground that the victim refused to engage in the sexual intercourse and neglected himself, thereby causing danger to the life, body, and property of the victim, two children of the victim, three family members living on the upper floor, etc.

2. Intimidation;

The Defendant, at the above date and time and place, called “the same deceased,” against the victim D, and threatened the victim by way of threatening the victim with well-fash gas elbane (LPG) gas as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Photographs;

1. Each report on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 172-2(1) of the Criminal Act (the point of gas emission), Article 283(1) of the Criminal Act (the point of intimidation, the point of imprisonment with prison labor);

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the punishment prescribed for the crime of gas emissions which is heavier than that of the above two]

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation;

The main sentence of Article 62-2(1) and (2) of the Criminal Act

Reasons for sentencing [Scope of Punishment] One year to 13 years of imprisonment

[Determination of Punishment] Crimes: Violence Crimes, Intimidation Crimes, Type 1 (General Intimidation)

[Scope of Recommendation] Crimes: Imprisonment of two months to one year;

[Scope of the revised recommended sentence] Imprisonment for not less than one year (the crime of gas emissions for which the sentencing guidelines are not set, considering only the lowest limit of the above recommended range, and the lowest limit of the recommended range shall be set by the applicable sentencing range).

[Reasons for Suspension of Execution] contingent crimes, detention of a defendant entails excessive difficulty to his/her family members (the reason for each positive general participation)

[Determination of Sentence] One year and six months of imprisonment, and three years of suspended sentence, the crime of this case committed by the Defendant, on the grounds of the complaint against the victim, was committed by the Defendant, by taking advantage of the gas and gas leakage of the victim’s house, and the nature of the crime is very heavy in that the Defendant threatened the victim with serious danger to another person’s life, body, and property. In addition, the victim strongly wishes to punish the Defendant. Considering these circumstances, it is necessary to punish the Defendant.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions stated in the arguments of this case, including the fact that the crime of this case did not actually cause damage to human life, property, etc. due to the same crime, the defendant has no record of criminal punishment, the defendant's mistake has been divided in depth after the crime, the defendant's children want to support the defendant, and the need to support the defendant, and other sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, and the execution of the punishment shall be suspended at once.

The new judge, new judge and new judge

Judge To call

Judges Il-il