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(영문) 서울남부지방법원 2020.08.19 2020고단2523
특수협박
Text

A defendant shall be punished by imprisonment for four 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 April 12, 2020, at around 01:30 on April 12, 2020, the Defendant: (a) took one of the dangerous objects (15cm in the blade length, 24cm in total length) as a hand, and 1 of the dangerous objects (28cm in the blade length, 37cm in total length) as a dangerous object, in the dwelling where the victim was living together with the Guro-gu Seoul building B and the victim D (ma, 59 years old); (b) and (c) took one of the dangerous objects (28cm in the blade length, 37cm in the knife in the knife in the knife, knife in the knife in the knife in the knife in the knife in the knife in the knif in the knif.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Application of statutes on site photographs;

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

1. Although the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are not less than those of threatening the victim, the punishment shall be determined by taking into account all the circumstances indicated in the arguments and records of the instant case, including the following: (a) the fact that the defendant's reason for sentencing under Article 62(1) of the Criminal Act is deemed to be a contingency crime among the persons living together with the family members; (b) the confession and reflect; (c) the fact that the victim has agreed with the victim; (d) the fact that the defendant

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

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