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(영문) 서울남부지방법원 2018.02.07 2017고단5949
특수협박
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2017, around 19:30 on October 30, 2017, at Dhop house located in Geumcheon-gu Seoul Metropolitan Government C2, the Defendant laid off a dangerous knife (the total length of 37 cm, 24 cm on the day), which was a dangerous object that the victim E (50 cm) concealed on the right part of the ground that he drinks together with his previous wife, and flashed as a knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Investigation report (related to telephone conversations of wooden persons);

1. E statements;

1. Application of Acts and subordinate statutes of blades;

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

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

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the area of recommendation and the scope of the recommended punishment], the area of mitigation of the punishment [the area of recommendation and the scope of the recommended punishment], and April to one year.

3. Grounds for a stay of execution [major reasons for a stay of execution] positive: Non-taxation (general reasons for a stay of execution): Social ties clear, serious anti-influences, and accompanying excessive difficulties for family members in custody of the defendant.

4. The crime of this case committed by the defendant with a knife and threatening the victim to find a knife and thus, the nature of the crime is not good. However, the confession and reflect of his mistake, the agreement with the victim after prosecution, the fact that there is no record of punishment except once a fine of a relatively minor fine is imposed after the suspension of the execution of imprisonment in 1982, the support of female children is being provided, and the sentencing conditions indicated in the records and changes shall be comprehensively taken into account.

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