(영문) 서울북부지방법원 2015.11.03 2015고단3123

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.11.03 2015고단3123

특수협박

Text

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

At around 16:30 on August 31, 2015, the Defendant: (a) viewed the victim D(32 years of age) and the vehicle traffic issues in front of the Seoul Western-gu, Seoul, as the traffic issues; and (b) expressed the attitude of the victim by carrying dangerous objects and by carrying them on the victim’s life or body, and by carrying them on the part of his own house located next to it, he threatened the victim with knife (21cm in length, 33cm in total length) and knife the part of the victim’s knife with the part of knife with the part of the victim’s knife, “I knife.......”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of lethal weapons, evidence photographs, evidence photographs and Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the Defendant, despite having been subject to punishment for violent crime, threatens in knife, which is a dangerous object, and does not agree with the victim, is an unfavorable condition.

However, as it does not directly harm the body, etc. of the victim at the time of the crime of this case, actual damage has not occurred, there is no penalty exceeding a fine, the victim also has the aspect of inducing the crime of this case by referring to the "Sagle-to-be", and "Sagle-to-be", and "Sagle-to-be", etc., and other circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means, result, and circumstances after the crime, etc., shall be determined as ordered by the order, comprehensively taking into account

참조조문

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