beta
(영문) 서울북부지방법원 2018.06.15 2017고단2791

특수협박

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On May 4, 2017, around 20:25, the Defendant was divingd from the village of 8:5 degrees in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and from the event inside the pan-park, “dived”

“......... the time has become due to the interference of one’s diving from the victim B(15).

Accordingly, the Defendant, as seen above, sent a line to the victim with Titrts suffering from damage, and listened to the word “Ieman”, and threatened the victim with a knife (12cm in blade and 23cm in total length), which is a dangerous object that he was in possession of in the knife in the knife spread, by taking the knife at a knife height of the knife (12cm in knife and 23cm in length) into the same attitude as the victim would inflict any harm on the victim’s life or body.

Summary of Evidence

1. Each police statement protocol against B and C;

1. Written statements of D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria for the crimes of intimidation (Habitual, repeated, special intimidation) and the basic area (six months to one year and six months) of the sentencing criteria: None of the following persons:

2. The risk of an act is very high by threatening a victim who is a student in knife, which is a dangerous thing to be sentenced;

There is a history of punishment for the same kind of violent crime.

However, there is no intention to commit the crime in this case, and at the time there is no intention to commit the crime more than the injury of the defendant.

In addition, the defendant's age, sex, environment, motive and means of a crime, and circumstances after a crime are considered, and the punishment shall be determined, as ordered, by excluding the lower limit of the recommended punishment, in consideration of various sentencing conditions shown in the records of this case.