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(영문) 수원지방법원 2018.03.22 2017고단1615

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 2, 2013, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on January 2, 2016 at the second intersection of the North Korean Branch of North Korea (Seoul Northern District Court).

[ 범죄사실] 피고인은 2017. 2. 12. 08:00 경 용인시 처인구 C에 있는 D 주유소에서, 피해자 E(27 세) 과 엔진 첨가제 주문 취소 문제로 말다툼을 하던 중 화가 나 그곳에 있던 위험한 물건인 골프채를 들고 피해자에게 다가가 “ 차를 빼지 않으면 차를 부숴 버리겠다.

The phrase " was frightened."

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 for E;

1. Photographs of place of occurrence and golf-backed photographs;

1. Other closures of the related dynamic images;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to be attached, such as a written reply to inquiry, such as criminal history, report on investigation (verification of the fact that the suspect is in the period of repeated crime),

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] There is no person [the person subject to special sentencing] in the basic area (six months to one year and six months) of the fourth type (Habitual, repeated crime, special intimidation) [the sentence] [the defendant committed the instant crime during the period of repeated crime, the fact that the defendant committed the instant crime during the period of repeated crime, and the victim did not reach an agreement with the victim] The sentence shall be imposed in consideration of the following factors: (a) the defendant's recognition of the crime is against the defendant; (b) the defendant's age, sexual behavior; (c) the defendant's age; and (d) the circumstances after the crime, etc.; and (d) the punishment shall be determined as ordered