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(영문) 수원지방법원 평택지원 2017.11.29 2017고단728

특수협박

Text

A defendant shall be punished by imprisonment for six months.

A seized industrial knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant, at around 18:20 on April 6, 2017, at D Hospital’s office department located in Pyeongtaek-si C, without any reason, was hospitalized and was refused to be hospitalized from the hospital, and the hospital was refused to be hospitalized, and the Defendant threatened the victim E (the age 22), who is the prime officer and staff member of the KIB, with the industrial knife (the length of 10.5cm on the day) of the dangerous article, with the knife as the knife, of the industrial knife;

C. Does the knife be hospitalized;

A doctor shall also be a doctor.

“,” and “this knife shall be discarded.”

I would like to make the door of this hospital closed because all of the doctors blicks are closed.

“Intimidating”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. A protocol of seizure and a list of seizure;

1. Application of the investigation report (toCCTV spawn photographs) Acts and subordinate statutes;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act (within the scope of the recommended sentencing criteria);

1. The basic area of the sentencing criteria [the scope of the recommended punishment] and the basic area of the crimes of intimidation (special intimidation for habitual repeated crimes) ( June - January 1);

2. Although there are conditions favorable to the defendant, such as the fact that the defendant appears to have been sentenced to contingent crimes, and that the previous crime of violence was only twice a fine (the violation of the Punishment of Violences, etc. Act 1984 and the crime of property damage in 2007). However, the degree of intimidation is relatively heavy, in light of the characteristics of the place of the crime, the crime is considerably poor (the defendant's act of causing considerable hindrance to the transportation of emergency patients), and the fact that the victim did not agree with the victim, etc., it is reasonable to sentence imprisonment with prison labor for the defendant.

In determining the term of punishment, the above circumstances and the defendant's age, sex behavior, environment, family relationship, motive, means and consequence of the crime, and all the conditions of sentencing prescribed in Article 51 of the Criminal Act were considered comprehensively.