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(영문) 서울서부지방법원 2016.11.09 2016고단2598
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 28, 2016, at around 01:15, the Defendant: (a) 01:15, at the front of the Defendant’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Victim C divided the victim’s her female-friendly Gu and talk; (b) her scam and her own residence, and her knife knife ( approximately 30cm in total length, approximately 18cm in knife length) her knife, which was dangerous to the scambling of the Defendant’s knife, and her knife knife knife knife knife knife knife knife knife knife knife knif knif knif.).

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. Place of storage of knife and application of Acts and subordinate statutes to knife 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] is that the execution of punishment is suspended in light of the circumstances such as the following: (a) the basic area of crimes under types 4 (Habitual Offense, Habitual Intimidation, Special Intimidation) / [decision of the sentence] the risk of the defendant's personal belongings; (b) the defendant's failure to take advantage of his/her personal belongings; (c) the punishment is sentenced for the previous eight months; (d) the crime is divided; (e) the crime is against the victim; and (e) the criminal history is relatively faithful without any criminal history since 2006; and (e) community service is ordered to prevent recidivism

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