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(영문) 서울남부지방법원 2018.08.13 2018고단2163

특수협박

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2018, at around 00:02, the Defendant assaulted the victim’s head, body, and walking the victim’s body on the ground that the victim was under the influence of alcohol at the D main points of operation of the victim C (V, 43 years old) located in Guro-gu Seoul Metropolitan Government, and 2 customers with whom the name of witness could not be identified.

Even if so, the Defendant, while under the influence of alcohol, uses a knife, which is a dangerous thing that had been in a kitchen, and leads the victim and knife the knife, and “C”

The death is to be discarded, the sound is to be cut, the frighten is to be cut out, the frighten is cut out from the main point of the house, and the passage to E market is to run away by putting the knife and knife to the victim.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C and F statements;

1. Application of the Acts and subordinate statutes to a investigation report (Attachment to field CCTV video data);

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the mitigated punishment (4 months to 1 year), the mitigated area (4 months to 1 year) (special mitigated persons] is not subject to the punishment;

2. Circumstances that are disadvantageous to the decision of sentence: The instant crime is committed by the Defendant with a knife while driving away the victim; and

Intimidation is highly dangerous in light of the means and methods of crime, and the victim seems to have suffered considerable shock and mental damage.

In the course of investigation, the injured person does not want the punishment of the defendant

However, this was due to the request by the defendant's female-friendly head, who is the victim's wife, and the defendant was in a serious fault against the victim or was in a measure to recover from damage.

There is no circumstance to consider.

A favorable circumstance: the defendant is domestically in Korea.