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(영문) 서울남부지방법원 2019.08.21 2019고단3162

특수협박

Text

A defendant shall be punished by imprisonment for 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

At around 02:00 on 29. 29. 02:00, the Defendant, at the Defendant’s house located in Young-gu Seoul Young-gu, 2019, said that he was late at the house of the Defendant, and that he was in dispute with the victim C (the age of 33) living together, who was living together, and the victim was living in the toilet, and the victim was locked the door into the toilet, and knife the knife (the knife length of 25 cm, the total length of 30 cm) which is a dangerous object located in the kitchen, was knifeing the toilet at his hand, and “less the door is opened, it shall be discarded”.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs, kitchen photographs and photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3. Determination of sentence: The crime of this case with six months of imprisonment and two years of suspended sentence is committed by the Defendant using the kitchen knife and threatening the victim, and the crime of this case is not likely to be committed, and considering the situation at the time when the Defendant is inferred through the toilets and photographs, etc. damaged by affixing the kitchen knife several times, the victim seems to have satisfed a considerable fear.

However, in light of the fact that the defendant recognized the crime of this case, the victim does not want the punishment of the defendant, and the defendant was sentenced once to a fine for violent crime in 1993, but there are no records of the same kind of crime thereafter, the crime of this case appears to be an contingent crime committed by drunk rather than an actual crime committed by the defendant, and the crime of this case is committed.