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(영문) 서울북부지방법원 2016.09.28 2016고단2608

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:50 on May 23, 2016, the Defendant, within a multi-household housing located in Jung-gu Seoul Metropolitan Government, . On the ground that the Victim C (60 years of age) caused dust during the construction of this water, the Defendant had a studio-gate (40cm in total length, 26.5cm in length), which is a very dangerous thing, and had a studio-gate (26.5cm in length) which is a very dangerous thing, and threatened the victim’s body or life.

Accordingly, the defendant threatened the victim with a knife, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and photographs of criminal tools;

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

1. Article 62 of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act for community service;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the recommended punishment (any person who habitually commits a repeated crime, special intimidation) (one year and six months) (any person who is subject to special sentencing).

3. The instant crime, which was determined by the sentence of sentence, was committed in such a manner that the knife’s knife is a dance in the item of the victim, and that the knife constitutes a very dangerous act that may cause a large injury

There is no evidence to view that there is no evidence is an unfavorable circumstance.

On the other hand, the fact that it is a crime that has committed contingently in the state of lack of water surface due to continuous water supply, and that there are two times the records of fines imposed due to the same kind of crime, but all of them have passed ten years from the date of the crime is advantageous.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.