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(영문) 의정부지방법원 2019.09.04 2019고단2725
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

One meal map (No. 1) for the seized kitchen shall be confiscated.

Reasons

Punishment of the crime

At around 18:01 on June 27, 2019, the Defendant called "C" at the main point of "Y" located in Namyang-si, Namyang-si, the main place of business, and the number of heads of D with his hand during the process of calculating the drinking value, and sent out to the victim E (the age of 51) who visited the said main point, who was a customer visiting the said main place, the Defendant called "Wing off the gasoline so that he will flick off the gasoline by flicking it and flick," and called "Wing off."

In other words, the Defendant saw one kitchen knife (the total length of 34cc, knife 21cc, 21cc, flife 1), which is a dangerous thing that had been living in the main room, and knife the knife together with the knife knife knife knife knife knife knife knife knife knife knife knife.).

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. Records of seizure and the list of seizure;

1. Application of statutes, such as site photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations according to the sentencing guidelines of the Supreme Court] Article 48(1)1 of the Act on Confiscation is a crime in which the defendant, while under the influence of alcohol, was the principal offender at the time of the principal offender, and the crime is not suitable for the quality of such crime.

Mestly, not only the victims who have shotly resisted with plastic chairs but also the people who were in the vicinity of the main point are suffering from fear or mental impulses considerably.

The defendant has been punished several times by including imprisonment for violent crimes even before.

It is necessary to punish the defendant strictly.

However, the defendant.

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