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(영문) 서울북부지방법원 2016.08.17 2016고단1848
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 10, 2016, around 22:11, the Defendant, at around 102, the victim C’s residence located in Seongbuk-gu Seoul Metropolitan Government, threatened the victim with a noise resistance between floors from the victim living at the lower floor below the Defendant, and with a main-ro knife (18cc in the blade length), which is an object dangerous to be found under the influence of alcohol, on several occasions, at the bar of the bar door, “B and this knife”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to investigation reports, on-site entrance doors, and knife photographs for kitchens;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing of sentence of imprisonment;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the recommended punishment (any person who habitually commits a repeated crime, special intimidation) (one year and six months) (any person who is subject to special sentencing).

3. The crime of this case in which the sentence of sentence is to be sentenced was committed at night by threatening the entrance of the house where one family member, including two children, is residing at night, to knife the knife and knife the knife, and the nature of the crime is very bad, and E, the owner of the house where the defendant and the victim reside, has to assist in paying the director's expenses, etc. to the victim. However, although the victim is not easy to compensate for damage but has not made any effort to recover damage, the defendant does not make any effort to recover damage, taking into account the defendant's age, sex, environment, etc., the sentence as ordered shall be determined.

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