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(영문) 광주지방법원 2016.10.20 2016고단3379

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. Around June 29, 2016, at around 02:55, the Defendant: (a) brought the victim C (the age of 23) who was dissatisfied with the traffic on the road in front of the convenience store located in the Seo-gu in Gwangju, Seo-gu, Gwangju; (b) taken the kacker knife (the total length of 13 cm), which is a dangerous object, out of his hand, taken the knife at his hand, and sound the knife “c flaf, dead, and discarded”; and (c) taken the victim escape.

Accordingly, the defendant used a kacker knife, which is a dangerous object, to threaten the victim.

2. The Defendant: (a) destroyed special property damage, at the time, at the time, and at the place specified in Paragraph (1), each of the following damage was inflicted on the shoulder-ray, which is the victim D owned by the victim amounting to KRW 350,000 in the market value of KRW 350,000 in India; (b) the victim E owned by the victim; and (c) the victim G-owned signboards, which are dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Written statements of D, E, F, and G;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 366 of the Criminal Act, the choice of imprisonment with labor;

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

1. There are a number of criminal records identical to the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, and on May 27, 2014, in the Gwangju District Court sentenced 6 months of imprisonment and 2 years of suspended sentence to the crime of violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and immediately repeated the crime of this case after the judgment became final and conclusive at around that time.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the victims are seeking a preference against the defendant as the defendant agreed with all of the victims, and the number of the crimes of this case is not serious.

In addition to these circumstances, the defendant is the defendant.