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(영문) 서울남부지방법원 2019.09.19 2019고단3936
특수협박
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2017, the Defendant was sentenced to one year and six months of imprisonment by assault, etc. at the Incheon District Court on July 15, 2018, and completed the execution of the sentence in the Jung-Eup Prison.

【Criminal Facts】

피고인은 2019. 8. 3. 00:33경 서울시 강서구 B 인근 도로에서, 위험한 물건인 못이 박혀 있는 각목(전체 길이 약 120cm)을 손에 들고 휘두르면서 피해자 C(19세)에게 “뭘 쳐다보냐, 못으로 맞아보겠냐”고 말하여, 위험한 물건을 휴대하여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of C and D;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of each photograph);

1. Previous records: Criminal records and application of statutes governing judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. A normal condition favorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The defendant recognized the crime of this case and reflects it.

D. Unfavorable circumstances: (a) the Defendant was sentenced to 1 year and six months due to the crime of assault, etc., and committed the crime of this case at another time; (b) the Defendant committed the crime of this case; and (c) the Defendant committed the crime of this case on three occasions due to the same kind of crime, even though there were the criminal records of having been sentenced to a large number of fines, which have been sentenced to concurrent crimes; and (d) the crime of special intimidation of this case is considerably poor, such as threatening the

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