beta
(영문) 의정부지방법원 2016.07.07 2016고단2002

특수협박

Text

A defendant shall be punished by imprisonment for six 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

On April 23, 2016, the Defendant: (a) expressed the victim B’s desire to use a telephone without discharging his/her obligation, and (b) expressed the victim B’s desire to use a deadly weapon (18cc in length); (c) on April 23, 2016, the Defendant expressed the victim B’s “the knife knife knife knife” to the victim B;

As the victim C (49 years of age, n) who escaped between the victim B and the wife, the victim threatened the victim C with the above knife and the victim C with the knife stating that the knife "at least nife nife nife nife, knife knife, knife nife, knife nife."

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. A report on investigation;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes concerning blades and photographs;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Basic crime: Where the victim is fully responsible for the occurrence of a crime or the expansion of damage, even for the mitigation area (4 months to 1 year), type 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) (4 months to 1 year) of the special crime of intimidation (the scope of recommending punishment) (the scope of recommending punishment for a victim C);

(b) Concurrent Crimes: Where the victim is fully responsible for the occurrence of a crime or the expansion of damage for a crime even with the mitigation area (4 months to 1 year) of Class IV (Habitual, Cumulative, Cumulative, and Special Intimidation) of the Special Intimidation (the scope of recommending punishment) (the scope of recommending punishment).

(c) Aggravation of multiple crimes: Imprisonment for four months to one year and six months (=one year and one year x 1/2).

2. On March 22, 2006, the Defendant rendered a sentence of punishment for assault, etc. at the Seoul Northern District Court (Seoul Northern District Court).