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(영문) 서울남부지방법원 2015.12.10 2015고단4709

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on October 10, 2015, the Defendant expressed to the victim the transition knife (total length of 23 cm, 12 cm, No. 1) which is a dangerous object, that reads that the Defendant, who is in possession of the Defendant, is the victim of the subway service, at the 1st floor underground of the subway 5 subway lines located in the Gangseo-gu Seoul Metropolitan Government Seodong, to the extent that the victim B (the age of 43) who is the cause of subway service. The Defendant said that “I want to kill, I want to kill, I want to die.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes of subparagraph 1;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (including the agreement with the victim and only the previous conviction

1. Where the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] is the mitigated area (4-1 year), the mitigated area (4-month repeated crime, special intimidation) (4-1 year), or considerable damage was recovered (including serious efforts to recover damage) of the mitigated area (the decision of sentence] (the decision of sentence] the details and contents of the instant crime, the circumstances as seen earlier, etc., the sentence shall be determined within the scope of recommendation as set forth in the disposition within the scope of recommendation.