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(영문) 광주지방법원 순천지원 2019.10.24 2019고단2135

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is accommodated in a park without a fixed residence.

1. On August 8, 2019, the Defendant demanded Da (n, 51 years of age) who is an employee employee of the victim D (n, and 51 years of age) at the time of a new wall at the early May 201, the Defendant: (a) requested her to change only one to her Kimbed Kim at the time; (b) however, as the Defendant refused from the victim, the Defendant called “influence,” “influencing a kitchen,” a dangerous weapon on a restaurant, which was 35 centimeters in total length and 23 centimeters in knife length, was slided on several sides, as the Defendant would inflict any danger and injury on the victim; and (c) turned the hand, which was knife, into one time to the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

2. On September 9, 2019, at around 02:52:52, the Defendant demanded the victim to have no money at the place indicated in paragraph (1) that the said victim did not have money. However, as the Defendant refused from the victim, the Defendant stated, “A kitchen, which was a deadly weapon on a restaurant, a kitchen, which was 35 centimeters in total length, and 23 centimeters in knife in knife in knife,” was sicked on several sides, as the Defendant would inflict harm on the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to report on investigation (as to photographing photographs of criminal motion picture);

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. From among concurrent crimes, the circumstances favorable to the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are recognized and reflected by the defendant.

It does not directly harm the victim.

It seems to be a livelihood crime.

It seems that the health condition is not good.

Unfavorable circumstances: the risk of the instant crime is considerably high.

In 2017, the Defendant was placed in the place of suspended sentence of imprisonment with prison labor due to special intimidation, etc., but in spite of such prior measures, this case also takes place.