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(영문) 수원지방법원 안산지원 2020.04.23 2020고단444
특수협박
Text

A defendant shall be punished by imprisonment for four months.

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On August 8, 2018, the Defendant was sentenced to six months of imprisonment for a special assault in Ansan District Court’s Ansan Branch, and completed the execution of the sentence on February 7, 2019.

【Criminal Facts】

At around 23:20 on July 31, 2019, the Defendant: (a) heard the horses from the victim D (the age of 48, south) residing on the same floor in the same floor as that of the public notice telecom C at Sinsi, Singu, Singu, 2019; (b) putting the straw-car (the total length of 32.5 cm, the length of 21 cm on the day) while in custody, and threatened the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Police seizure records and photographs of seized articles;

1. Previous records: Application of criminal records, etc. and investigation reports, and Acts and subordinate statutes;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 14 years;

2. The scope of recommendations on the sentencing criteria: Imprisonment for two months to one year (the scope of recommendations) shall not be subject to punishment for the same repeated crime (special mitigation) in the mitigated area (two months to one year) (special intimidation) of the mitigated area (two months to one year).

3. Considering that the Defendant, who was sentenced to the sentence of imprisonment, has more than 10 times the previous convictions related to the crime of this case, committed by using a dangerous object, only three times the previous convictions related to the crime (one time the suspension of the execution of imprisonment and two times the sentence), and the criminal records related to the crime of this case committed by using a dangerous object, even though they are in the period of repeated crime, using a dangerous object, the Defendant would be completely cut down with the character and conduct using a dangerous object by sentencing the sentence to the Defendant and ensure social safety.

When determining punishment, the defendant agrees with the victim, and the defendant recognizes and reflects his fault.

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