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(영문) 서울북부지방법원 2019.05.16 2018고단4798
특수협박
Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2018, at least 07:04, the Defendant demanded to move a parked vehicle on the ground of inconvenience to traffic, but on the ground that the victim C (n, 38 years of age) did not comply with the request, the Defendant made the victim take a knife knife ( approximately 10cm in length on the knife, approximately 24.5cm in total length), a dangerous object in which the knife was in possession of knife on the left part of knife, and made the knife knife knife knife after taking the knife knife knife knife knife knife knife knife knife knife knife knife.).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C and D;

1. Investigation report (victim C's statement);

1. Application of Acts and subordinate statutes to field documentary evidence photographs and criminal escape photographs;

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

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures;

1. Basic area (from April to January 16) of the basic area (special imprisonment for a period of four months) of the types of intimidation crimes according to the sentencing guidelines;

2. The crime of intimidationing the victim by taking the knife, which is an object dangerous to the sentencing decision, seems to have been highly dangerous, and the victim was sick at the time.

Moreover, the defendant has been subject to criminal punishment by committing a crime of assault, such as a crime of bodily injury or assault.

On the other hand, it seems that the defendant recognized the crime of this case and is against it, and there is no record of criminal punishment exceeding the fine so far.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

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