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(영문) 춘천지방법원 원주지원 2018.08.23 2018고단269

특수협박

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 21, 2015, the Defendant was sentenced to imprisonment with prison labor for one year due to the crime of injury, etc. in the Chuncheon District Court's original branch on July 21, 2015, and completed the execution of the sentence on March 8, 2016.

On March 11, 2018, the Defendant: (a) expressed the victim D(64 tax) at “C” located in “C” in “C” in “C” in “C” in “C”, and (b) avoided the report.

The Defendant discovered the victim in front of the “F” located in 18:32 on the same day, and found the victim in front of the “F,” the Defendant 18:32 on the same day, and 2 knife two knife, which is a dangerous object in the note of the said restaurant, and knife the victim’s body and remove the same knife.

The death shall be discarded.

"The victim threatened the victim".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. On-site and photographs of evidence;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (netly 15), two copies of the judgment, and the current status of acceptance of each individual;

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes / [Scope of Recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes / [Article 35] 4 types of intimidation (Habitual, Habitual Offense, Special Intimidation) [Article 4] [Article 4 of the Aggravation (Article 8-2 of the Aggravation of Habitual Intimidation] [Special Aggravation] / The defendant's motive for the crime (excluding the type 5] that may be subject to a special aggravation] / The defendant misjudgments the defendant, and does not cause the victim's knife injury to the victim. However, although the defendant had been sentenced several times due to the crime of violent inclinations, the defendant committed the crime of this case without weighting even though

In particular, the crime of this case was committed against the victim who reported in 112 that the defendant contributed to the cafeteria and the customer, and the motive of the crime was considerably poor, and the crime was committed in light of the risk of the method of crime.