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(영문) 서울중앙지방법원 2017.08.17 2017고단4210
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2017, around 20:58, the Defendant reported that the dialogue between the victim C (the victim 22 years of age), the victim D (the victim 68 years of age), the victim E (the victim 68 years of age) and the victim E (the remaining and 68 years of age) will be done in front of the residence of the Defendant in Gwanak-gu, Seoul Special Metropolitan City.

“Along with the deadly weapons,” the knife of the industrial knife (17 cm in length, 8 cm in length) which was put into the main machine, and went to the victims.

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C and E;

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] The basic area (from June to one year and six months) of the four types of intimidation crimes (special intimidation) [the decision of sentence] the defendant committed the crime of this case carrying an industrial knife and carrying the industrial knife.

However, the sentencing conditions are comprehensively considered, such as the defendant's age, sex, family relationship, circumstances before and after the crime, the means and result of the crime, etc., and the fact that the defendant has no other force except for the punishment of four times of violence crimes prior to ten years.

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