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(영문) 수원지방법원 성남지원 2019.09.24 2019고단1438

특수협박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant, around June 2019, supplied a restaurant operated by the victim B (the age of 43) for about 10 years, was suffering from conflicts with the victim due to the fact that the victim resisted the other company to be supplied with the crub in the price problem and failed to supply the crub to the victim.

At around 19:30 on June 9, 2019, the Defendant had a knife in front of a restaurant located in Sungnam-si C, which was promised to talk with the victim, and had one excessive knife (15cm in length, 28cm in total) which is a dangerous object that was prepared in advance, and waiting for the victim while the Defendant was waiting for the victim, the Defendant had a knife toward the victim “hnife with the knife,” and had a knife to the knife of the knife,” and the Defendant threatened the victim by driving the knife and taking knife the knife with the knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A statement prepared by the F;

1. Seizure records;

1. Application of Acts and subordinate statutes to on-site photographs, CCTV images closure photographs (f7 pages of investigation records);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under the law for sentencing under Article 48(1) of the Confiscation Criminal Act: the scope of recommended sentences [the decision of type] according to the sentencing guidelines from January to July 1, 04 for violent crimes; [the fourth category] repeated crimes and special intimidation [the mitigated elements]: The mitigated elements of punishment: the basic area of the motive for the crime [the recommended area and the scope of recommended sentences], the basic area of the punishment [the recommended area and the scope of recommended sentences] from April to one year and six months [the aggravated factors]: planned crimes (the prior possession of dangerous objects] [the grounds for suspension of execution].