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(영문) 광주지방법원 목포지원 2017.02.21 2016고단1485
특수협박
Text

A defendant shall be punished by imprisonment for six months.

One knife (one knife No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for one year and six months and six months in the same court on June 27, 2014, respectively, due to a crime of violation of the Punishment of Violences, etc. (Habitual Injury) in the application of the Gwangju District Court on January 24, 2013, and completed the execution of each of the above punishment on November 26, 2014.

【Criminal facts” around 13:15 on September 13, 2016, the Defendant: (a) placed a knife that is a dangerous object at the victim’s home in the neighborhood (a tool, a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife h

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

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

1. A report on investigation (a statement by telephone of a witness);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographs of seized articles;

1. Previous convictions in judgment: A criminal investigation report (a copy of the judgment and file of personal confinement status), and the application of statutes after inquiring about criminal history;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Scope of the recommended punishment [the scope of the recommended punishment] for the sentencing guidelines, and the subject area of the aggravated punishment (8 months to 2 years) (special aggravated persons] for the same type of repeated crime (excluding the types of intimidation habitually and repeated crime among the four types):

2. Determination of sentence: The defendant has been sentenced to 20 times for the same kind of crime, and the defendant committed the crime of this case even though he was a repeated crime due to the same crime, and the crime of this case was committed by the defendant with a knife, which is a dangerous object, and then the defendant threatened the victim.

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