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(영문) 서울남부지방법원 2020.05.29 2019고단5369
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 42) are neighborings in the same public notice source.

At around 22:55 on October 6, 2019, the Defendant, within Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government, threatened the victim with a knife knife (15cm in length, 25cm in total length), which is a dangerous object, on the ground that the victim under the influence of alcohol caused disturbance by making his visit several times. The Defendant threatened the victim by stating that the victim would die.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act include food blades, which are dangerous things of the defendant, and the nature of the crime is not good by threatening the victim. However, the circumstances leading to the crime of this case, the circumstance leading up to the crime of this case, the defendant has no record of punishment exceeding the fine, and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the other factors of sentencing including the following circumstances, shall be determined as per the order.

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