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(영문) 의정부지방법원 고양지원 2019.07.24 2019고단1395
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2019, the Defendant: (a) around 23:09, while drinking alcohol together with the victim D (the age of 49) at C’s residence located in Paju City, the Defendant saw the transition (the total length: 15cc, the length of day: 10cc) as his hand, which is a dangerous object in the kitchen, of the victim’s own kitchen, while drinking alcohol with the victim D (the age of 49); and (b) called “Wawh,” and called “Wawh”.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on criminal tools and field photographs;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. In light of the reasoning of sentencing under Article 62(1) of the Criminal Act, it is not good to consider the nature of the crime in the instant case. However, upon agreement with the victim, the victim does not want the punishment of the defendant, confession and reflects the crime, and the conditions of sentencing as prescribed by Article 51 of the Criminal Act are considered.

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