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(영문) 서울남부지방법원 2017.04.12 2017고단508

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On April 6, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court for fraud, and on April 15, 2016, the said judgment became final and conclusive and is still under probation.

[2] Around 05:00 on February 4, 2017, the Defendant: (a) performed drinking together with the victims of the instant accident, at the packaging horse near the long distance in the Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, Gangseo-gu, Seoul; (b) the victim C (19 tax), the victim D (19 tax), the victim E (19 tax) and the victim E (19 tax).

On February 4, 2017, at the main point of “G” located in the F and II of Gangseo-gu Seoul Metropolitan Government around 06:10, the Defendant collected beer disease in the air conditioners, on the ground that victims do not enter as soon as possible, and on the ground that victims E received telephone call from the above main points without permission, the Defendant sent a knife with one food knife in the main room, and cut off on the table and the table.

I said that kniff is kn.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Criminal tools and field photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 Competition;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The sentencing criteria do not present a separate processing method for the commercial concurrent crimes, but it is necessary to refer the sentencing criteria to the commercial concurrent crimes. Therefore, the sentencing criteria for the special concurrent crimes are examined in reference to the sentencing criteria for the special concurrent crimes.

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the basic area of the recommendation [the territory of recommendation and the scope of the recommended punishment], the basic area of the repeated crime, repeated crime and special intimidation (the four types] (the scope of special sentencing]; and the scope of the recommended punishment from June to June 3.