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(영문) 제주지방법원 2019.02.13 2018고단2405

특수협박

Text

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

One document (No. 1) seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2017, the Defendant was sentenced to 8 months of imprisonment for special intimidation by the Jeju District Court and 2 years of suspended sentence, and the judgment became final and conclusive on August 25, 2017, and is currently under suspended sentence.

【Criminal Facts】

At around 12:50 on October 21, 2018, the Defendant taken off knife (33 cm in total length, 14 cm in daily length) a dangerous thing in the test color hand room held by the Defendant on the ground that the Defendant refused the Defendant’s request for alcohol, and followed the Defendant’s knife in the knife knife.

At the same time, the victim threatened the victim by stating that “the victim brings alcohol, spawn, spawn, and spawn well.”

Summary of Evidence

1. Defendant's legal statement;

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

1. Seized articles, photographs and related photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (applicable to the same type of punishment for suspects);

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

1. Circumstances that are favorable to the reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act: The fact that it reflects on the fact that the defendant's family members and branch members desire to take the ship: The crime of this case that the nature of the crime is very bad and the crime of intimidation is committed by the victim; the crime of the same type is committed without the nature of the crime during the suspended execution period of imprisonment for the same kind of crime; and the damage is not recovered entirely: Ten months of imprisonment;