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(영문) 창원지방법원 밀양지원 2017.07.13 2017고단95
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 February 22, 2017, at the E convenience point where the victim D (n, 22 years of age) in Syang-si around 01:05, the Defendant entered a convenience store under the influence of alcohol and expressed one food blade (the total length of 30cm, 19cm, 19cm, mar No. 1) as a dangerous object prepared in advance by bringing the victim’s desire to work as an employee at the convenience store under the influence of alcohol, and shows that one of the knife (the total length of 30cm, knife length of 19cm, knife knife knife knife knife knif

The term "Dai (hereinafter referred to as "Dai (hereinafter referred to as "Dai)") made a threat to the victim as soon as possible."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Photographs of the scene of crime;

1. Application of the provisions of Acts and subordinate statutes to the kitchen and photographic implements used by the recipient at the time of committing the crime;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / the scope of recommendation as ordered within the scope of sentencing according to sentencing guidelines in consideration of the following factors: (a) the mitigation area (4 to 1 year); (b) the mitigation area (including a person who has been specially mitigated), the non-won of punishment (including a serious effort to recover damage) or considerable damage (the decision of sentencing] where the victim has agreed with the victim; and (b) the defendant’s age, environment, motive, means and consequence of the crime; and (c) the sentencing conditions indicated in the record, such as the circumstances after the crime, are considered.

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