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(영문) 수원지방법원 평택지원 2016.09.01 2016고단1263
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

The defendant is a taxi engineer.

At around 16:20 on April 1, 2016, the Defendant: (a) provided the Defendant with a desire to pay 2.40,000 won of money borrowed from the phone from the victim B (here, 61 years of age); (b) provided the Defendant with a desire to pay 2.40,000 won of money by telephone; (c) provided that, around 16:40 on the same day, the Defendant provided a knife (23 centimeters in total length, 12 centimeters in knife length) with a knife (12 centimeters in knife) knife, knife, which is a dangerous object, at the location of the newspaper.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of each existing statute under subparagraph 1 of this Article;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Determination on the application of the sentencing guidelines of Article 48 (1) of the Confiscation Criminal Act: The scope of recommending the applicable O sentencing guidelines: Taking into account all circumstances, including the fact that there is no criminal record exceeding the aggravated area ( April to June) of the first category of intimidation (general intimidation) and no penalty record exists;

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