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(영문) 수원지방법원 2015.12.03 2015고단5189

특수협박

Text

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

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

Reasons

Punishment of the crime

On October 24, 2015, the Defendant: (a) around 09:45, at the first floor of the Suwon Line D Building, the victim E (the victim E (the age of 43) waitings for the victim to meet the contact with the Defendant; (b) led the victim to the victim’s hand, leading the victim to enter the building to leave a private teaching institute located on the fourth floor of the D Building, and moving the victim into the underground parking lot.

If the victim denies and denies the defendant's hand, the defendant did not take a dangerous thing ( approximately 25 cm in total length, approximately 15 cm in knife) that he was in possession of the right side knife, knife the victim's knife, and knife the victim's knife, and knife the knife in knife."

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] There is no basic area (6 to 1 year and 6 months) of the fourth category of the crime (Habitual, Habitual, Intimidation) [Determination of Sentence] [Determination of Sentence] The defendant seems to have been shocked to a considerable extent due to the crime in this case] The defendant's deep reflects the fact that the defendant is detained for more than one month, 3 million won for the victim, 40 years, 3 million won has no record of punishment, 40 years of age, and 5 years of age, and other various circumstances that are conditions for sentencing, such as sentencing.