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(영문) 서울남부지방법원 2018.01.17 2017고단4603
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2017, around 16:25, the Defendant threatened the victim with the victim D(69) due to a vehicle contact accident in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, by having the kitchen knife (18.5cm in length on the blade, 31cm in length), which is a dangerous object, at his home, and having the kitchen knife (18.5cm in length on the blade, 31cm in length) in the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the police seizure protocol (voluntary submission) and the statutes governing the list of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Consideration, such as the violation of the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that there is no record of criminal punishment in Korea, and the victim does not want the punishment;

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