특수협박
2017 Highest 986 Special Intimidation
○○ (591123 - 1), China’s main duty
Seoul Westernmun-gu
Seoul Nowon-gu
Courtroom (prosecutions) and courtrooms (public trial)
Attorney Lee Im-soo (National Ship)
May 26, 2017
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 1 shall be confiscated.
Criminal History Office
The defendant, who was working in the main place in the restaurant near the Madlelight, had been thought that it was difficult for customers to get up and find up jobs due to candlelight assemblies.
1. A point of special intimidation on a bus;
On April 5, 2017: around 50, the Defendant brought a knife (33 cm in length and 20 cm in length on the day) which is a dangerous object being kept at the dwelling of the Defendant in Seodaemun-gu Seoul.
Since then, the Defendant moved to an independent bus central stop located in 189 in Seodaemun-gu, Seoul, and took aboard a city bus No. 74Da5383, No. 471 operated from that place to a bad-free bank, and then, the Defendant saw the knife of the victim Red ○○ (Me, 29 years old) and 20 passengers, who are bus passengers, and participated in the candlelight assembly as above, sees the knife in the above knife, whether or not the Defendant would throw away the knife knife? The Defendant hacked the knif knif? The Defendant hacked the knif knife?
Accordingly, the defendant carried dangerous articles and threatened victims.
2. Points of special intimidation in subways;
After committing the crime as described in paragraph (1), the Defendant: around 14:00 on the same day, passengers who were in the bus used to get out of the bus with escape, moved to an independent station located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to an independent station located in the unification of Seodaemun-gu, Seoul, and was boarding the subway No. 3203, the subway No. 3203, which is operated on the face of the conversation.
The Defendant displayed the klelights of the victim, who is the passenger, and more than 50 passengers, during the above-mentioned candlelight meeting, and called as "Ia, who attended the candlelight meeting, whether I will drink in the country, and will die of people who will die in the candlelight meeting, and I continued to attend the candlelight meeting on the part of the victim (the age 19). I called as "I am klelights in the above-mentioned klelight meeting?"
Accordingly, the defendant carried dangerous articles and threatened victims.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of statement to ○○○;
1. Table of each investigation report and list of 112 reported cases;
1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, certificate of seizure, site and photographs of seized articles, bus booms image outputs;
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 284 and 283(1) of the Criminal Code, the choice of imprisonment
1. Aggravation for concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Confiscation;
On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment shall be determined in consideration of the circumstances and the age, character and conduct, environment, circumstances after the crime, etc. of the defendant.
○ favorable circumstances
- - Incompetence points
○ Unfavorable Conditions
- Crimes committed against unspecified or many victims in city buses and subway trains used by the public are very poor.
- Many criminal records;
- there is no effort to recover damage;
Judges Shin Young-hee