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(영문) 수원지방법원 안양지원 2019.10.10 2019고단1463
특수협박
Text

A defendant shall be punished by imprisonment for six 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

Around 13:05 on June 12, 2019, the Defendant sold knife at the Dopo-si B apartment Gapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and Mapo-si, caused a dispute with the victim C (54 years of age) and Mapo-si, 12 cm in length (23 cm in total length, 12 cm in length) that he/she sells, called “one knife” to the victim, puts a fighting, and threaten the victim’s clothes with a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to the scene, victims and photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendations according to the sentencing criteria (decision of types) and the basic area of repeated crimes and special intimidation [the scope of recommendations and recommendations], and April through June of imprisonment;

2. Circumstances unfavorable to the decision of sentence: The Defendant committed a crime of intimidation as the victim, citing excessive restriction as a dangerous object.

In light of the criminal tool, criminal method, etc., the quality of the defendant is not good.

The accused can be punished by violence-related crimes, including punishment.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The defendant's punishment power has been faithfully living for about 15 years before 2004 without any penalty power.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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