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(영문) 서울북부지방법원 2019.09.06 2019고단3021
특수협박등
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On April 5, 2019, the Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution due to the crime of causing property damage, etc. by the District Court, which became final and conclusive on April 13, 2019, and is currently under suspended execution.

1. On July 20, 2019, around 09:02, the Defendant laid the victim a knife knife (the total length of 29cc and 18cc in length) that is a dangerous thing previously possessed by the victim C (the age of 56) in Dobong-gu Seoul, Seoul, without any reason.

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

2. 특수폭행 피고인은 제1항 기재 일시, 장소에서, 제1항과 같은 상황을 목격한 피해자 E(63세)이 피고인에게 “칼을 놓고 얘기해라”고 타이르자, 피해자에게 “나 싸움 잘 하는 사람이다. 다 죽여 버리겠다”라고 말을 하며 위험한 물건인 위 식칼을 피해자를 향해 찌를 듯이 겨누고, 발로 피해자의 복부를 1회 걷어찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. The defendant's legal statement C, the police statement E, the F's written statement of the police statement E, the list of seizure and seizure records, the photographic investigation report (112 case processing table) and attached 112 case processing table attached thereto, and the CCTV closure report attached thereto, and the investigation report (on-site verification through CCTV image) 1, on-site photographs 1, and previous records: In-depth inquiries such as criminal records, investigation report (period of suspension of execution of sentence), and judgment attached thereto, and the application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) of the Criminal Act that choose the penalty, Articles 261 and 260(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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