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(영문) 서울중앙지방법원 2016.08.18 2016고단375

특수협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 5, 2015, the Defendant of special intimidation: (a) was drunk in the front corridor No. 11 of the Seoul Jung-gu Seoul Central District Office C1 on the 15:10th floor on November 5, 2015; (b) opened a visit from the victim D (the 73 years of age) who is a building manager; and (c) opened a knife and the knife, which are dangerous things to both descendants, and knife the knife and the knife, which are dangerous things to the knife, without any justifiable reason, the Defendant shall have the knife the

“The victim was threatened with dangerous articles by carrying them.”

2. The Defendant, at the same time and place as above, was subject to restraint from the victim E (45 tax). The Defendant: (a) laid knife the knife, which is a dangerous object cited as above in the above E; and (b) carried about approximately 10m a knife onto the part of the E’s left hand stop.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Investigation report (investigation report on the recording of a victim's telephone);

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the photographs of seized articles and the parts of the body of victims;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Articles 284 and 283 (1) (a point of special intimidation) of the Criminal Act concerning the facts of crime;

1. Selection of imprisonment with prison labor for a crime of special intimidation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Determination as to the defense counsel’s assertion under Article 48(1)1 of the Criminal Act of confiscation

1. The Defendant, at the time of committing the instant crime, was under the influence of alcohol and was in a physical and mental state.

2. According to the evidence duly adopted by this court, the defendant appears to have been under the influence of alcohol at the time, but due to that, the defendant was under the weak ability to discern things or make decisions.

It is difficult to see the above argument of the counsel.

Reasons for sentencing

1. The sentencing criteria;