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(영문) 서울남부지방법원 2018.09.14 2018고단1919

특수협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. A thief: (a) around March 27, 2018, the Defendant stolen a 20,000 knife of the victim’s market price owned by the victim in the store located in Yeongdeungpo-gu Seoul Metropolitan Government by means of inserting a knife at the “E Emt” copon of the victim C’s operation located in Yeongdeungpo-gu Seoul Metropolitan Government.

2. A special intimidation: (a) around 09:10 on March 27, 2018, the Defendant: (b) taken knife the knife in possession of the Defendant who stolen from “E” as referred to in paragraph (1) above.

In doing so, he acted as knife, knife, and knife knife F (54) the victim F.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A damaged photograph;

1. A photograph of the tools of crime;

1. Application of CCTV video CD-related Acts and subordinate statutes to the crime scene;

1. Relevant Article 329 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and Articles 283 of the Criminal Act, the choice of imprisonment for a crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of special intimidation of this case with the reason for sentencing of Article 333(1) of the Return Criminal Procedure Act is not likely to be a crime of intimidation with a deadly weapon on the ground that the defendant was in harmony.

However, the punishment as ordered shall be determined by taking into account the various circumstances shown in the records and trial process of the instant case, such as the fact that the Defendant recognized his mistake and agreed with the victim, the fact that there exists no particular record of punishment for the last five years, the background of the instant crime, the circumstances after the commission of the crime, and the age, environment, and family relationship of the Defendant.

Rejection of Public Prosecution

1. 공소사실의 요지 피고인은 2018. 3. 27. 09:10 경 위 ‘E 마트 ’에서, 피해자 F(54 세) 가 야채 및 청과류 물품을 잘 판매하지 못하고 주말에 집에서 쉰다는 이유로 화가 나 손바닥으로 피해자의 양쪽 뺨을 2회...