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(영문) 의정부지방법원 2020.01.14 2019고단1952

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

[Criminal Power] On October 1, 2019, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicle) at the Jung-gu District Court, which became final and conclusive on October 9, 2019.

【Criminal Facts】

On February 26, 2019, at around 17:50, the Defendant laid off one knife (15 cm length, 25 cm in total) that is a dangerous object prepared in advance, and threatened the victim as if he would cause harm to the life and body of the victim, on the ground that he would bring the money of the Defendant at the convenience store, or would not refuse to do so from the victim with respect to his behavior, such as drinking coffee, etc., in front of the D convenience point for the operation of the Victim C (FF) in Yangyang-si, Nam-si, the Defendant: (a) laid off one knife (15 cm in the knife length, 25 cm in the knife; and (b) put the knife into the knife.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A CCTV CD;

1. CCTV photographs and blade photographs;

1. Previous records of judgment: Criminal records, replys to criminal records, summary agreement meetings, and application of Acts and subordinate statutes of judgment by the Speaker's District Court 2018 Godan2101;

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

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the suspended sentence of Article 62 of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area where there is no punishment (the scope of recommendation and recommendation), and April through June.

3. The defendant who has committed the crime of this case again even though he had the same criminal record, did not agree with the victim, the defendant suffers from the illness of his detailed unknown whereabouts, the defendant's previous criminal record has long been long, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has become final and conclusive.