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(영문) 서울남부지방법원 2017.09.27 2017고단3550
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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 June 23, 2017, at around 23:05, the Defendant: (a) while smoking tobacco from the 3rd floor stairs of the 3rd floor in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the victim D (55 cm) driven tobacco to the Defendant; (b) made it possible for the Defendant to take a kitchen-type knife (33 cm in total length, 22 cm in length) while being kept in custody under 301 of the above 301 of the 301st public notice board in which the Defendant was living; and (c) made a threat to the victim’s timber, and said, “fating according to the fatch”.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the police seizure protocol (voluntary submission) and the statutes governing the list of seizure;

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 (Optional to imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of crimes, including the fact that there is no past record of criminal punishment other than fines);

1. Protection and observation, taking lectures, and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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