(영문) 서울남부지방법원 2018.10.02 2018고단3625

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(영문) 서울남부지방법원 2018.10.02 2018고단3625

특수협박

Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 7, 2018, 2018, the Defendant: (a) placed the victim C (n, 56 years of age) in Geumcheon-gu, Geumcheon-gu, Seoul, on the ground that the food ordered by the victim C (n, 56 years of age) this 'D' restaurant, and (b) placed the victim and the restaurant customers at the time of taking a bath to the victim and the restaurant customers, and (c) opened the entrance to the outside of the restaurant, and opened the entrance to the locked, and opened the knife k’s knife (m, 30cc in length, 17cc in length on the knife) which is an object dangerous to the knife the knife and knife, and opened the entrance to the knife and open the entrance to the victim and the restaurant customers, and then throw away the knife.

Doz. Doz. Doz.

"In the way of high noise, the victim was threatened by showing the attitude of causing harm to the victim."

Summary of Evidence

1. Statement by the defendant in court;

1. A simplified statement;

1. A report on internal investigation (cafeterias, customers and situations);

1. On-site photographs;

1. Notification to the department related to the report of 112 case;

1. Application of seizure records and statutes concerning the list of seizure;

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 suspended sentence of imprisonment shall be imposed only once, considering the favorable circumstances such as the defendant's failure to have any specific punishment force for the latest five years, and the age, sexual conduct, and circumstances revealed in the process of the instant case including the record and trial, where the defendant's reason for sentencing under Article 62-2 of the Criminal Act was that the defendant carried a deadly weapon and threatened the victim with a deadly weapon and thereby the nature of the crime is bad in light of the method of crime; however, the defendant's mistake is contrary to his or her acknowledgement of his or her mistake; and the crime of this case appears to

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