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(영문) 광주지방법원 순천지원 2021.01.14 2020고단1621

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 26, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for injury, etc. in the Gwangju District Court's Netcheon Branch on November 22, 2018 and completed the execution of the sentence in the Gwangju District Court on November 22, 2018.

On June 15, 2020, the Defendant: (a) took a dispute with the victim C (the remaining, 47 years of age) who had been drinking and drinking in a sudden manner with his own inside, and had been drinking and drinking in a sudden manner; (b) took care of the kitchen (the total length of about 30cc, about 16cc, the knife length of the knife) which is a dangerous object on the part of the victim, and said, “The victim knife knife knife knife knife knife knife knife.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Broughts used by the recipient;

1. Previous convictions in the judgment: One copy of a reply to inquiry, such as criminal history, and one copy of a personal inquiry, such as a similar written judgment, and one copy of a personal inquiry;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes [type 4] repeated crimes and special intimidation [person subject to special sentencing] - Aggravation factors: In the area of aggravated repeated crimes [the territory of recommendations and the scope of recommendations], the area of aggravated punishment, six months to two years [the grounds for suspended execution], disqualifications (the grounds for suspended execution];

2. In light of the fact that the Defendant was sentenced to six months of imprisonment due to not only a majority of the criminal records of the sentence, but also the Defendant committed the instant crime again during the period of repeated crime, and that there is no agreement with the victim, it is necessary to strictly punish the Defendant.

The circumstances are also taken into account such as the fact that the defendant's mistake is against the defendant, that there is a 6th degree disability in the delay and that there is no good health condition.