beta
(영문) 서울동부지방법원 2016.07.21 2016고단1156

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

Around 00:20 on April 3, 2016, the Defendant: (a) at D’s station located in Gangdong-gu Seoul Metropolitan Government (Seoul) around 00:20, while drinking with the victim E (48 tax) and drinking with the Defendant, the Defendant’s proposal was rejected by the Defendant; (b) at singing the Defendant’s proposal, the Defendant threatened the victim with a knife (35cm length of knife) that is a dangerous thing in the restaurant room; and (c) threatened the victim with a knife.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to the list of seized articles and the knives and photographs No. 1 of seized articles;

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

1. Article 62-2 of the Social Service Order Criminal Act / [A prosecutor is seeking the confiscation of the seized evidence No. 1 (Food), but the defendant stated that the above food blade is owned by F, a restaurant operator, and otherwise there is no evidence to prove that the above food blade falls under “where it is not owned by any person other than the criminal” as provided by Article 48(1) of the Criminal Act, it shall not be confiscated.”

Reasons for sentencing

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year, the area to which the punishment is mitigated (over to four months to one year) (over to one year), and the area to which the punishment is mitigated (over to four months to one year), is not imposed;

2. The Defendant, who was sentenced to sentence, committed the instant crime without being aware of, and without being aware of, 20 times the record of the crime committed by violent crimes and other crimes committed by foreign crimes, is liable to commit the instant crime.

The risk is very high by threatening the victim with a knife, which is a dangerous object.

However, the crime of this case was committed by the Defendant, who was friendly with the victim, and the victim singinging out while drinking together, and assaulted each other as a result of the following problems: (a) the Defendant saw the knife in the restaurant room and threatened the victim; and (b) the Defendant immediately.