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(영문) 의정부지방법원 2016.11.22 2016고단2754
특수협박
Text

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

except that 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

On April 22, 2016, around 03:45, the Defendant: (a) carried a knife (the total length of 32cc and 20cc in the knife length), which is a dangerous thing at the singinging room, and carried the knife in the knife room; and (b) threatened the victim with “to kill and throw away the knife” (the knife) on his left hand.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Investigation report (to conduct telephone recording for the victim);

1. Photographs, such as a dangerous article;

1. Application of the CD 1 statute

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (Scope of Recommendation) is as follows: (a) the mitigated area (4-one year), the mitigated area (4-one year), the committee of punishment (including a person who has been specially mitigated), the committee of efforts to recover damage), or the restoration of considerable damage (a decision of sentence] the Defendant is sentenced to imprisonment for one year and six months, and two years of suspended sentence and two years of suspended sentence due to a violation of the Punishment of Violences, etc. Act (a violation of collective, deadly weapons, etc.), and (b) on July 25, 2014, the said decision became final and conclusive and conclusive as of July 25, 2014, and cited a knife, which is a dangerous object, and thus, ought to be punished as imprisonment without prison labor as it is not less complicated.

However, in light of favorable circumstances, such as the fact that the defendant committed the crime in this case while committing the crime, the victim does not want the punishment of the defendant, etc., and other favorable circumstances such as the character of the crime in this case, the age, character and conduct and environment of the defendant, the motive, means and result of the crime in this case, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing specified in the arguments

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