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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단3627

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

[criminal records] On November 14, 2017, the Defendant was sentenced to one year of suspended execution and one year of observation of protection for larceny in the period of six months of imprisonment with prison labor for larceny, in the Goyang Branch of the Jung-gu District Court, and the said judgment became final and conclusive on November 22, 2017.

[Criminal facts] The Defendant, around October 6, 2017, ordered a victim C (46 years of age) to take time from the victim C to write down “a person.”

The words “,” as follows: (a) was fluent of an arm’s length; and (b) was fluent with food blades ( approximately 30cc in total length, approximately 18cc in length), which are dangerous articles at around 23:00 on the same day, and (c) was found as sperm in the 630-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Chungcheongnam-gu, 18cc in order to detect the victims C and the victims D (55 years in length).

Defendant 1 was under the influence of alcohol with the victims in the Park Park at the same time, and 23:30 on the same day, he was under the influence of the victim.

In addition, as the victim D is influence, “I will die first and die first.”

Then, the knife knife knife knife knife knife knife knife C.

“.....”

Accordingly, the defendant carried a dangerous knife, and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Domestic death report (the details of 112 reported and the knife who was in possession of the person suspected of committing the crime);

1. Previous convictions: Inquiry into criminal history, investigation reports (reports on previous convictions without disposition), and application of Acts and subordinate statutes to report criminal investigations (related to confirmation of suspended sentence against a suspect);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service, was very high risk of committing the instant crime, and there are a number of criminal offenses against the accused.

However, the defendant's mistake is recognized, and victims do not want to punish the defendant.