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(영문) 서울남부지방법원 2018.09.19 2018고단2148
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (n, 39 years old) were between October 2017 and April 2018.

At around 06:00 on January 11, 2018, the Defendant threatened the victim with a dangerous article located in the reception space installed between the driver's seat and the chief of the operation seat of the said vehicle (22 cm in total length, 10 cm in length) on the ground that the victim had been in a conflict with the victim in the vehicle of the Defendant set up on the front of the "E restaurant" located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, and caused the victim to repeat the said speech continuously. The Defendant threatened the victim by saying, "The Republic of Korea and Home Affairs, which continues to be in the area of the victim, as I am, I see, I am, I am, I am, I am, I am, I am, I am."

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

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against C;

1. Written complaint filed by C;

1. Written petition for the C Preparation;

1. Police seizure records and list of seizure;

1. Three copies of a photograph of the screen by capturing a text message;

1. Coloric photographs of the vehicle and blades kept in the knife of the container;

1. Application of the existing Acts and subordinate statutes of No. 200, No. 1000,000;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the mitigated punishment (4 months to 1 year), the mitigated area (4 months to 1 year) (special mitigated persons] is not subject to the punishment;

2. The crime of this case, on which the sentence of sentence was determined, is likely to pose a threat to the victim by a knife knife, and is highly likely to commit the crime.

In the trial process of this case, the circumstances after the crime are not good, such as sending text messages containing abusive language to the victim.

. The above.

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