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Reasons
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(영문) 서울북부지방법원 2019.03.22 2018고단4657
특수협박
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A defendant shall be punished by imprisonment for not more than ten 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 August 31, 2018, at around 06:20, the Defendant found the victim in the “Dcafeteria” operated by the victim C in Dobong-gu Seoul Metropolitan Government, but the victim mentioned that he would go to the Defendant, thereby making it difficult for the victim to go to do so. However, the Defendant threatened the victim as if he would do harm to the victim by driving away the victim while driving away from the restaurant and blocking by others.

Accordingly, the defendant threatened the victim using excessive and high knife who is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reporting on investigation (to hear statements of suspects);

1. Investigative reports (to hear statements from victims);

1. A report on investigation;

1. Application of Acts and subordinate statutes on seizure records;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. While the Defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act recognizes the instant crime, the instant crime is deemed to have been committed by the Defendant using excessive and large knife, which is a dangerous object, threatening a female victim, and thus, the fear of fear by the victim is not easy, and there is still no agreement or damage with the victim.

In addition, the defendant's age, character and conduct, environment, motive and circumstance of crime, means and result of crime, etc., the records of this case and all the sentencing conditions shown in the trial process shall be determined as ordered in comprehensive consideration.

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