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(영문) 서울북부지방법원 2016.12.22 2016고단4493

특수협박

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a victim B (n, 38 years of age) and a relationship with the Defendant.

1. On April 2016, the Defendant committed the first police officer on April 2016, at his house located in the Seocho-gu Seoul Metropolitan Government Branching Category 1, Gangnam-gu, Gangnam-gu, Seoul, 2016, the Defendant told the victim to have his horse listened to the horses, bringing the knick, which is a dangerous thing for the victim’s item, and then bring the knick down of the vessel.

2. On May 2016, the Defendant: (a) committed a crime in the middle of May 2016, the Defendant brought a knife, which is an object dangerous to the victim, from the place indicated in paragraph (1) to the place indicated in paragraph (1).

3. Around June 12, 2016, the Defendant: (a) around 21:00 on June 12, 2016, at the place specified in paragraph (1) that brought about food blades, which are dangerous things in the victim’s item, for the foregoing reason; and (b) face-to-face “Bara”.

Accordingly, the Defendant carried dangerous objects at least three times, thereby threatening each victim.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Application of the second police statement law to B;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] and the scope of crimes subject to the mitigated range (the period of four months to one year) (the period of imprisonment with labor for a period of four months or one year) (including a serious effort to recover damage).

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into and reflected in his own crime, and the victim is the victim before the prosecution is instituted.