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(영문) 수원지방법원 평택지원 2017.08.30 2017고단773

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

On April 14, 2017, at around 05:48, the Defendant, while under the influence of alcohol in front of the victim D (45) operated by Pyeongtaek-si C, threatened the victim by means of putting the victim’s knife with a defect “the victim entering the house”, and an industrial knife (23 cm in total length, 6 cm in knife) which is a dangerous object used for Gap-si’s own dancing, and by displaying the victim’s knife with a knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Written statements of D;

1. Recording notes;

1. Application of each statute on photographs;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The mitigated area (4 months to 1 year) of the mitigated area (4 months, repeated crime, special intimidation) / [the person who has been subject to special mitigation] is not subject to punishment [the person who has been subject to punishment] of the mitigated area (the person who has been subject to special mitigation] and is highly dangerous as a case of intimidation of the victim by means of displaying the knife, which is a dangerous object without any reason, without any reason; there is no history of punishment several times due to violent crimes; there is no confession, reflect, and there is no history of crime exceeding fines; there is no history of punishment exceeding fines; other punishment against the defendant by mutual consent with the victim: The defendant's age, family relation, circumstance of crime, etc.; the sentence of imprisonment with prison labor for six months; the suspended execution of execution of sentence two years; community service order; and the disposition above the confiscation;