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(영문) 서울동부지방법원 2019.07.11 2019고단1228
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 15, 2019, at around 13:20, the Defendant stated that the knife (38.5cm in total length, 25cm in knife length) 2 knife (38.5cm in knife length) which is dangerous to the victim C (niff, 56 years old) at a bed factory located in Gangdong-gu Seoul, Gangdong-gu, Seoul, called “if the other family goes out of knife, like the wife inside.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act;

1. A normal condition unfavorable to the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The defendant takes a knife prepared in advance to put the victim hot, and is not good to find the victim, and circumstances that are favorable to the risk: The defendant repents and reflects his/her mistake: The defendant does not have any record of punishment for the same kind of crime; the defendant's age, character and behavior, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered.

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