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(영문) 서울북부지방법원 2020.06.04 2019고단4435

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 28, 2019, at around 06:10 on September 28, 2019, the Defendant concealed the knife ( approximately 23 cm in total length, approximately 13 cm in knife) which is a dangerous object in the vicinity of the adjacent packing horse of the crosswalk, on the ground that the victim D (the age of 24) and the body of the knife in the road, among the Dog where the Defendant walked, she was faced with the road. The Defendant threatened the Defendant with the knife by driving the knife, which is a dangerous object in the vicinity of the knife in the vicinity of the knife vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (with respect to the circumstances where the knife has been seized in secret);

1. A criminal investigation report (verification of CCTV images around the scene of the incident), a CCTV-cape photograph, and a CCTV video-recording CD;

1. Application of Acts and subordinate statutes to the blades of seized articles;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning 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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for sentencing are not very good, and the victim seems to have obtained considerable mental impulses, and the defendant's past penal records or the form of the defendant at the time of committing the crime, and the circumstances after committing the crime are anticipated to raise the possibility of recidivism, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant and that the defendant agreed with the victim is favorable.

Each of the above circumstances shall be sentenced to the same sentence as the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the defendant's age, character and conduct, occupation and environment, and the background of the crime