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(영문) 서울남부지방법원 2019.08.13 2019고단2342
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant was dissatisfied with the usual complaint on the ground that B and his family members living adjacent to their dwelling were slick.

On April 24, 2019, at around 18:45, the Defendant held a knife ( approximately 16 cm in daily length, approximately 30 cm in total length) which is a dangerous object on the ground that it might be sliffed in the side house as above, and found the house of Seoul Guro-gu C building and B located in D, and followed the knife of the knife, and carried out the knife and schee, “the knife and schee” in the knife, and knife the knife of the knife, “the knife and the knife will all be killed,” and the Defendant took the attitude that the victim E (the knife, the knife will inflict an injury on the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of Acts and subordinate statutes to the knives of a knife and knife, carried by the victim;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the scope of punishment [the scope of punishment] the special intimidation [the type 4] [the elements of mitigation]: The area of mitigation [including efforts to recover damage] of punishment (including the area of recommendations and the scope of recommendations], the area of mitigation of punishment, and two months to one year.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

The crime of this case is committed by the defendant.

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