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(영문) 의정부지방법원 2017.05.23 2017고단1618
특수협박등
Text

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

One seized knife (No. 1) shall be returned to the injured party's name.

Reasons

Punishment of the crime

[2] On April 22, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Jung-gu District Court on the Punishment of Violences, etc., and completed the execution of the sentence in the Giju Prison on December 17, 2016.

[Criminal facts]

1. On April 8, 2017, the Defendant: (a) stolen the stolen property with an aesthetic knife in the market price, which is the victim’s possession, where the name of the Defendant was unknown in the Libya, where the Defendant was in the vicinity of the Suwon-si, Suwon-si, Suwon-si.

2. A special intimidation: (a) on April 8, 2017, the Defendant: (b) around 08:35, at the street in front of the Guri-si Horse Horse Horse-ro, 105, the victim C (n, 46 years of age) was similar to women-friendly D in the past, and (c) the victim C was able to do so by one hand, “I am dead at all years of age,” and (d) the victim’s hand, “I am at all years of age, I am at all, and I am at all,” and tried to knife the victim’s left shoulder and knife a knife (20cm in total, 31.5cm in length, and 20cm in length), which is a thing dangerous by another hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E and F;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (verification of similar force), and Acts and subordinate statutes;

1. Relevant Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act, Article 329 (a) of the Criminal Act, and the choice of imprisonment for a crime, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The instant crime with the reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is a crime of intimidation against an unspecified victim with a knife, who does not have any awareness, by using a deadly weapon, and is not only a crime but also a crime causing harm that threatens not only the infringement of legal interests of the victim but also the safety of the community, and the Defendant has repeatedly committed the instant crime during the same repeated period.

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