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(영문) 춘천지방법원 강릉지원 2016.08.31 2016고단831
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(n, 49 years old) are married couple.

around 22:30 to 23:00 on April 29, 2016, the Defendant: (a) at the Defendant’s house located in the East Sea, 101-dong 502, Dong-si, C, 101-dong 101-dong 502, on the ground that: (b) the Defendant: (c) caused the damage to himself, who was driving a bus and retired from the bus, to the terminal for five minutes late, to the terminal; and (d) caused the death of the victim by taking out the chills in the air condition, and then called “divoring” the victim, which is a dangerous thing ( approximately 2.5 cm in total length, approximately 12 cm in length, and approximately 12 cm in length) while taking the dangerous thing stored in the kitchen, and (d) caused the victim to threaten the victim by carrying the dangerous thing as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. A family relation certificate and a copy of the certificate;

1. Application of the Acts and subordinate statutes on respective scenes and excessive photographs used for crimes;

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. As to the Defendant’s assertion on the suspended sentence under Article 62(1) of the Criminal Act (a favorable condition among the reasons for sentencing as follows), the Defendant asserted that he was physically and mentally deprived or physically weak at the time of the instant crime. Thus, according to the records, even though the Defendant was in a drunken state at the time of the instant crime, in light of the background, means and methods of the crime, the Defendant’s act before and after the instant crime, etc., it was deemed that the Defendant had no or weak ability to discern things or make decisions due to alcohol.

Since the above argument is not accepted until now, it is not accepted.

The punishment for the defendant shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the reason behind the punishment, the suspension of qualification or more criminal records, the victim's consent does not want the punishment, and the risk of recidivism is reduced by divorce at present.

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