(영문) 서울남부지방법원 2016.06.30 2016고단2199

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(영문) 서울남부지방법원 2016.06.30 2016고단2199

특수협박

Text

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

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

Criminal facts

On May 24, 2016, at around 00:00, the Defendant rendered a warning on the ground that the victim C (23 cm) living in the front corridor of Gangseo-gu Seoul Metropolitan Government (209 Do 904) did not properly work for himself/herself, and then threatened the victim with a excessive (24 cm, 12 cm in total) and a knife (18 cm, knife 8 cm in total) that is a dangerous object prior to preparation, and that it threatened the victim as a knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] / [the basic area of sentencing] / [the 4-type Special Intimidation] : Reduction due to the grounds for mitigation (the grounds for mitigation of punishment for a person subject to special sentencing) from June to June (the person subject to special sentencing] : April to one year [the decision of sentence] from April to one year [the defendant's act of threatening the victim by carrying a knife that may greatly raise a person, is highly likely to be subject to criticism;

I would like to say.

On the other hand, considering the fact that the defendant recognized his mistake, there is no record of criminal punishment before the case, and that the victim does not want the punishment against the defendant, it is not easy to plant the defendant significantly.

In addition to these circumstances, taking into account all the sentencing conditions of the instant case, including the Defendant’s age, sex, health status, and the circumstances after the commission of the crime, the court ordered the Defendant to suspend the execution of imprisonment as ordered.

It is so decided as per Disposition for the above reasons.

참조조문

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