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(영문) 서울서부지방법원 2020.10.28 2020고단1470
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 20 years of age) are related to human relations.

1. 특수협박 피고인은 2020. 5. 11. 22:20경 서울 용산구 C건물 호에 있는 피해자의 집에서 피해자로부터 헤어지자는 말을 듣게 되자 화가 나 그곳 주방에 있던 위험한 물건인 식칼을 꺼내들어 피해자를 향해 휘두르는 시늉을 하다가 위 식칼을 내려놓고, 재차 소지하고 있던 위험한 물건인 커터칼(총 길이 20.5cm , 칼날길이 7cm )을 꺼내 피해자의 눈을 찌를 듯한 태도를 보임으로써 위험한 물건을 휴대하여 피해자를 협박하였다.

2. The Defendant, at the above date, at the above time, and at the above place, committed assault against the victim by carrying the victim’s knife with knife of knife of knife of knife of knife of knife of knife of knife of knife of knife of knife of knife

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of seized articles and damaged Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1), 261, and 260 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;

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 (see, e.g., “the grounds for suspended sentence”)

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Assaults): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), the area of mitigation of punishment and recommendation [the scope of recommendation and recommendation], February through February and February;

(b) second offence (special intimidation);

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