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(영문) 대전지방법원 천안지원 2017.12.22 2017고단1934

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant: (a) was in a dispute between the Defendant and the victim E (n, 27 years of age) in his/her business and the Defendant’s business as a result of the distribution of profits from around 02:00 on April 20, 2017; (b) while he/she was in a dispute between the Defendant and the victim E (n, 27 years of age) in his/her business.

“Along with a knife, which is a dangerous object at that location, the victim was threatened (special intimidation) with a knife, and the victim was faced with the right side of the victim by walking the knife with the victim (a assault). Accordingly, the Defendant threatened the victim by carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F and G;

1. The instant photograph (i) according to the witness’s statement with the assent of all, the Defendant uses a knife at a distance of approximately two to three meters, and the victim “the victim is dead and satisfed at a low time.”

Recognizing the fact that “,” it was alleged that H had been crypted

This constitutes a crime of special intimidation against victims sufficiently.

② In addition, in light of the circumstances of this case acknowledged by the above evidence, the application of the law of this case to the defendant's act of assaulting the victim in walking with the victim with the intention of assault is sufficiently recognized).

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 Crimes (Special Intimidation) (Scope of Recommendation) (Scope of Intimidation) has no basic area (6 months to one year and six months) (special sentencing person) of the basic area (6 months to one year and six months).

(b) Class 2 Crimes (Assaults) (Scope of recommended punishment) and No. 1 Crimes (General Assaults) and the basic area (from February to October) (no person who is subject to special sentencing).

C. The scope of final sentence due to the aggravation of multiple offenses: from six months to six months.