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(영문) 대전지방법원 서산지원 2018.09.06 2018고단469
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

The defendant is a person who resides in adjoining neighbors of the victim E (V, 47 years of age).

On May 5, 2018, the Defendant opened a door in front of the gate of the victim's residence in Jin-si, Jin-si, Seoul, at around 17:37 on May 5, 2018, the Defendant laid down a door, which is a dangerous object (the total length of 21cm, the blade length of 9cm) that does not open the door, and laid the door into his hand, and threatened the victim by holding a door and carrying a dangerous object, such as putting the transition up on the wall of the door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification to a department related to reporting 112 cases;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of statutes on the site photographs of the case

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [Scope of the recommended punishment] types 4 (Habitual, repeated, and special intimidation) (4 months to 1 year) and the area of mitigation (4 months to 1 year) (a person who is subject to special sentencing] and no penalty is imposed;

2. The defendant's liability for the crime of this case is not easy in that the decision of sentence is highly likely to commit the crime of this case, and that the defendant has already been punished several times including punishment.

However, the sentencing conditions in the records, such as the defendant's age, occupation, sex behavior, family relationship, circumstance before and after the crime, etc. shall be determined by comprehensively considering the fact that the defendant's mistake is recognized and reflected, the victim does not want the punishment of the defendant, the occurrence of greater damage, and other conditions of sentencing as ordered.

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