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(영문) 서울서부지방법원 2017.08.25 2017고단315
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On January 27, 2015, the Defendant was sentenced to imprisonment with prison labor for an indecent act by force at the Seoul Western District Court on August 28, 2015 and completed the execution of the sentence on August 28, 2015.

2. On November 15, 2016, at around 18:30 on November 15, 2016, the Defendant heard that a large amount of electricity charges had been made from the victim D (n, 74 years of age) who is the owner of the house at the lower house of the Defendant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant used a knife (20cm length of the knife) that is a dangerous object in the knife of the knife during the dispute, and “the knife of the knife" means “the knife of the knife" means the knife of the knife of the knife and the knife of the knife, and damaged the 120,000 won

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A photograph of seized articles and a refrupture and glass photo destroyed;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation reports (the date of release and confirmation of the date of release and attachment of judgment);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending punishment] 4 types of intimidation (Habitual, repeated crimes, special intimidation) (Article 4-1 year) in the mitigation area (Article 4-1 year) in the mitigation area (including special mitigation person), 2 crimes (the scope of recommending punishment) in the event of non-wons for punishment (including serious efforts to recover damage), or restoration of considerable damage (Article 1 (Habitual, repeated crimes, special damage, etc.) in the mitigation area (Article 4-10 months) in the mitigation area (Article 38(1)2 and Article 50 of the Criminal Act) [the scope of recommending punishment] in the case of habitual, repeated crimes, and special damage (Article 38(1) of the Act on the Aggravated Punishment of Concurrent Crimes, and where significant damage has been recovered, the circumstances of the defendant's age in the mitigation and mitigation of punishment between April 1 and May 1, etc., and the age of the defendant;

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