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(영문) 서울남부지방법원 2019.11.27 2019고단3763
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 18, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special injury, etc. at the Seoul Southern District Court, and completed the execution of the sentence on January 19, 2018 in the Ansan Prison.

【Criminal Facts】

1. The defendant and the victim B of special violence are as follows:

At around 23:00 on April 3, 2019, the Defendant, on the ground that the victim did not respect himself/herself at a drinking place with his/her main in Geumcheon-gu Seoul building, and from his/her drinking place, committed assault on the part of his/her head by drinking himself/herself on the ground that he/she did not respect himself/herself, on the ground that he/she did not respect himself/herself.

2. Special intimidation: (a) the Defendant, at the same time and place as mentioned in the foregoing paragraph 1; (b) the victim was assaulted by the Defendant; and (c) the victim took a knife (32 cm in total length, 18 cm in day length) which is a dangerous object on the kitchen, which had been in the kitchen clish, and 18 cm in front of the victim; and (d) the victim was threatened by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. 112 reported details;

1. Before ruling: Application of the references to criminal records and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Appointment of special intimidation and choice of imprisonment), and 261 and 260(1) (Appointment of special violence and choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) / 03. Violence / [Type 6] Repeated / Special Violence (Special / Special Aggravation) mitigated element: The recommended element of the same repeated crime and the recommended area of the same repeated crime.

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