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(영문) 서울남부지방법원 2019.10.16 2019고단3893

특수협박등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. Around 16:20 on July 29, 2019, the Defendant: (a) under the influence of alcohol in front of the Gangseo-gu Seoul Metropolitan Government B apartment guard room, she expressed a bath to C; (b) on the ground that the victim D (the age of 56) who is the present year of the above C was fluored, fluored himself/herself; (c) the victim’s face was fluored once per week; and (d) the victim expressed a knife (the total length of 32 cm, the knife length of 19c) which is a dangerous object prepared in advance in the bank, and expressed the victim’s desire to “I am dead. I am. I am.”

2. The Defendant assaulted the victim’s face at the time and place described in the foregoing 1. Paragraph (1) at the time and place, and after having taken the face of D as above, the victim C (the age of 63) was removed from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Records of seizure and the list of seizure (Evidence No. 25, 26 pages);

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs of seized articles);

1. Article 260 (1) of the Criminal Act (the point of violence) and Articles 284 and 283 (1) of the Criminal Act, which include applicable provisions to the facts of crime and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing of Article 48(1)1 (No. 1) of the Criminal Act [Article 48(1)1 (No. 1) of the Confiscation Act (Article 48(1) [No. 2 (No. 2)]; however, it is difficult to view it as an article provided or intended to provide for the instant crime

1. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 (Special Intimidation) Crimes (Special Intimidation) [Determination of Punishment] Intimidation / [Type 4] Cumulative Offense and Special Intimidation / Special Intimidation (Special Intimidation / Aggravated / Aggravated / Aggravated Punishment] : In the area of aggravation of motive for a crime (remony restoration, increase of punishment) [Recommendation Field and Scope of Recommendations], six months to two years of imprisonment;

(b) Nos. 2 and 3 (each decision of type) violence crimes [No. 1] general violence [Special Aggravation] increased factors: The recommended sphere of motive for the crime (refluence, restoration, increase in number) to criticize; and