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(영문) 의정부지방법원 2020.01.17 2019고단2886

특수협박

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On May 27, 2019, the Defendant ordered the Victim B (B)’s “D” operated in Scheon-si, Macheon-si, Macheon-si, to visit the said car page as a customer and drink the alcohol to the victim while drinking the alcohol. However, the Defendant ordered the victim to undergo the above car page while having visited the said car page as a customer. However, the victim did not comply with the order and carried out the above car page.

The Defendant, as a result of diving, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

2. The Defendant: (a) discovered the victim E (a) who laid a mobile phone device to take a photograph of the above situation upon the request from the above B during the aforementioned temporary border; (b) threatened the victim with the above knife two knife, which is a dangerous object; and (c) threatened the victim with the escape of the victim, by threatening the victim to drive away from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Relevant Articles 284 and 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Scope of recommending sentence based on the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act – Crimes Nos. 1 and 2: The basic area (type 4) of intimidation (type 4). - The scope of recommending sentence based on the majority crime processing guidelines: the instant crime of this case, which was sentenced from April to February 2 and March 2, which was sentenced to imprisonment, is very bad in the light of the background of the crime, the risk of the deadly weapons used in the crime, the details of intimidation using it, and the attitude of intimidation, is likely to be committed.