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(영문) 서울서부지방법원 2019.02.15 2018고단3779

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

On October 4, 2018, around 19:50, the Defendant discovered that the victim D (the victim of 37 years of age) who is an employee of security service company was drinking alcohol, and the victim Daceddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for the crime of intimidation [the scope of recommendation] [the grounds for sentencing] under Article 48 (1) 1 of the Confiscation Act: The punishment shall be determined by taking into consideration all the circumstances, such as the following: (a) the mitigated area of sentence [the person subject to special mitigation] [the person subject to special mitigation] [the normal conditions favorable to the sentence] [the person subject to a sentence] reflects the circumstances; (b) the agreement is reached with the victim; (c) the mental disorder (class 3) of the modern branch seems to have an influence on the crime: (d) the person was in bad condition by carrying a lethal weapon; (b) the person was punished for a crime of the same kind; and (c) the defendant's age, character