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(영문) 서울서부지방법원 2016.02.05 2015고단3090

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 December 14, 2015, around 21:30 on December 21, 2015, the Defendant expressed that the Defendant would drink and flickly flickly flick flick flick flick flick flick flick flick flick flick flick flick flick flick fl.

Accordingly, the Defendant collected food knife, which is a deadly weapon located in the above residence (30 cm in total, 17 cm in length) with knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and deadly weapons photographs;

1. Protocols of seizure and list of seizure;

1. Investigation report (Attachment of photographs of the scene of the crime), on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (any deadly weapon used for committing a crime and any damaged glass);

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 (The following favorable circumstances):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The sentence shall be determined as ordered in consideration of the following factors: (a) the mitigation area (4) types of intimidation (4 months to 1 year), the mitigation area (including a person who has been subject to special mitigation), the non-won of punishment (including a serious effort to recover damage) or considerable damage to the defendant [the decision of sentencing] three times, the criminal records of the same kind of violence and of a fine are three times; (b) all of the victims are criminal records; (c) the victims are not wanting to be punished against the defendant; (d) the health status of the defendant appears to be not good; and (e) the defendant has an opportunity to reflect on his/her life for a certain period of time.