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(영문) 제주지방법원 2019.11.21 2019고단1704

특수협박

Text

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

Punishment of the crime

On August 21, 2019, at around 04:25, the Defendant, while engaging in a dispute between the victim B (n, 26 years of age) and the telephone conversations, had a knife C building in Jeju, and the Defendant’s house and the kitchen, which is dangerous in the kitchen of the Defendant’s house, carried the knife of the knife (30cm in total length, 17cm in knife length) and show the knife to the victim, and continuously carried the knife to the victim by having the knife of the victim’s knife and the same knife “the dead”).

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B and F;

1. Application of the Acts and subordinate statutes on the list of seizure records, the list of seizure, relevant photographs, investigation reports (where reported G 112 persons G), and the list of reported cases concerning 112 cases shall be applied;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 48(1) of the Confiscation Criminal Act is an unfavorable circumstance, where the crime of this case is committed with food knife (30 cm in total length, 17 cm in knife length), which is a dangerous object, and the victim’s knife knifes and threatens the victim. The crime is bad in nature, and the defendant did not agree with the victim and did not endeavor to recover from damage.

However, it is advantageous to the fact that the defendant recognizes the facts charged and is against the defendant, and that the defendant has no record of criminal punishment in addition to the punishment once for the crime of double-class.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] Special Intimidation: violent crime group, intimidation, and crime.