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(영문) 수원지방법원여주지원 2020.09.08 2019고단919
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2017, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for special assault, etc. in the branch court of Suwon District Court on August 11, 2017, and the said judgment became final and conclusive on August 19, 2017.

At around 12:26 on July 28, 2019, the Defendant discovered that the victim D (Nam, 59 years of age) who is not good in peace is seated from the main point of “C” located in Ison-si B, Echeon-si, and used the transition (12 cm in length and 20 cm in length) which is dangerous for the Defendant to enter the main point of the above main point, and called “the knife that the Defendant will die,” and “the knife the Defendant’s left hand knife in front of the victim and the Defendant’s knife the Defendant’s hand on several occasions, thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (verification of suspect A criminal records) on the statement of D and the application of Acts and subordinate statutes as a result of inquiry;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act and Article 62-2 of the Social Service Order Act, which is applicable to the relevant criminal facts;

1. Two months to one year from the scope of the recommendation (not subject to punishment);

2. Unfavorable circumstances shall be taken into account, such as the fact that the form of decision-making of sentence is not good, that it is a crime during the period of suspension of execution, and that it has already been punished twice as a fine during the period of suspension of execution.

However, it shall be considered in favor of the favorable circumstances, such as the fact that the Si is dead and in depth, the agreed point, the fact that the victim desires to leave the defendant's preference, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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