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(영문) 부산지방법원 2016.05.26 2016고단759
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

Around February 13:25, 2016, the Defendant, “Central Park that is a citizen plaza in the middle-gu Busan Metropolitan City, 383, the upper part of the city,” was fluored by the victim B (63 years of age) before the parking lot, who did not want to listen to the other part of the parking lot, and thereby, the Defendant’s knife (a total length of 29.7cm, knife, knife, knife, and knife) that is an object dangerous to the victim, and threatened the victim with a knife (a total of 29.7cm, knife, 12cm, 17.7cm in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning blades photographs;

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

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures is a threat to an unqualified citizen in knife, and the case is not minor in light of risk.

In addition, the defendant had been sentenced to several times of punishment due to the crime of violence, bodily injury, etc.

However, considering the fact that the defendant seems not to have taken a knife for the purpose of the victim, and there is no record of criminal punishment other than a fine after 2009, the execution of the sentence shall be suspended for a certain period of time, but violence inclinations may be improved by ordering the victim such as observation of protection and taking lectures of violent therapy.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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