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(영문) 수원지방법원 2015.11.19 2015고단4358

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 2, 2009, the Defendant was sentenced to four years of imprisonment for rape and bodily injury resulting from rape in Ansan District Court’s Ansan Branch, and completed the execution of the said sentence on August 2, 2013.

【Criminal Facts】

On September 16:43, 2015, the Defendant: (a) 16:43, on the road in front of the “C cafeteria” in the Ssung City B; (b) she scam the string on the ground that the victim D (e.g., 51 years of age) who had been operated prior to the operation of the Eknife vehicle; (c) temporarily stopped the knife of the knife in the vehicle after he stopped the knife; (d) taken the knife of the dangerous goods in the vehicle after he stopped the knife; and (e) downloaded the knife of the victim D’s husband, who was in the victim D and the chief knife the f (e.g., f., f., f., f., f., f., and threatened the victims with the knife.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is the basic area (6 months to one year and six months) of the crime of intimidation (the decision of sentence] [the decision of sentence] as part of the retaliation driving, the risk of the crime in this case is considerable, the agreement with the victim is not reached, and the crime in this case is committed during the period of repeated offense. In light of the above, it is inevitable to sentence of sentence.

The sentence shall be determined within the scope of the recommended sentence in consideration of the fact that the victim F first expressed his/her desire to the defendant, the fact that the victim F is recognized to commit the crime, etc.