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(영문) 서울북부지방법원 2018.11.15 2018고단3820

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

Punishment of the crime

On August 16, 2018, at around 03:45, the Defendant was investigated by the police station on the charge of the transfer of property and requested the victim to provide the personal reference to the victim. However, on the ground that the victim did not respond to the request, the Defendant was not able to request the victim to provide the personal reference to the victim at around 03:45, Seoul Dobong-gu Seoul Metropolitan Government 104 apartment building B, and at around 60, the Defendant was investigated by the police station on the charge of the transfer of property.

“A victim, who breaks a wind string, which is a dangerous object at a kitchen to the victim, carried a storm in his/her hands, and frightly carried the knife to the victim, 4 knife the air knife, which is a dangerous object at the kitchen, left the place of residence, left the knife of the air knife and bed.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] the scope of mitigation (two months to one year) (a person subject to special mitigation) of the mitigated area (a person subject to special mitigation) of four types of intimidation (a person subject to repeated offense, special intimidation)

2. It seems that the determination of the sentence of sentence was made reasonable to capture the victim.

However, in light of various circumstances revealed in the records and arguments of this case, such as the background of the crime of this case, the defendant's age, sexual conduct, living environment, and circumstances after the crime, the punishment as ordered shall be determined by taking into consideration that the victim did not want to be punished by the defendant, and that it does not threaten with a deadly weapon in the presence of the victim.