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(영문) 수원지방법원 평택지원 2017.05.31 2017고단509

특수협박

Text

A defendant shall be punished by imprisonment for six 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

On March 7, 2017, at around 00:30, the Defendant: (a) demanded a judgment to the victim D (Woo, 41 years old) who was parked in front of the C Hospital located in Pyeongtaek-si B, and was rejected, and thereby, the Defendant threatened the victim by saying, “I will return to the house. I will do so if I will do so, I will have to do so. I will have to do so) the food knife, which is a dangerous object, at the time of refusal.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Application of each statute on photographs;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The mitigated area (4th month to 1 year) of the mitigated area (4th month, repeated crime, special intimidation) / [the person who has been subject to special mitigation] is not subject to punishment (the decision of sentence] disadvantageous: The circumstances that are favorable to the provision of dangerous articles for the crime of this case such as confession, reflectivity, the same criminal record and fine: The victim does not have any criminal records beyond the confession, reflectivity, and the fact that he/she is not subject to punishment under an agreement with the victim; other punishment of the defendant is not subject to punishment: The defendant's age, family relation, circumstance of the crime, etc.; six months of imprisonment with prison labor; two years of suspended execution; community service order; and orders of this case