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(영문) 의정부지방법원 2020.06.04 2019고단2473
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 1, 2019, at around 16:50, the Defendant boarded the victim C (the age of 54) taxi at the Doldong located in the Gandong-gun, and went away from the taxi at the destination to the E building located in the same Gun as the destination, while getting out of the taxi for the purpose of guiding the way to go to the destination. On the other hand, the Defendant threatened the victim by taking away the net value, which is a dangerous object possessed for use in the ordinary labor day, from the left hand, and then threatening the victim by taking away the victim’s neck.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. Relevant Article of the Criminal Act and 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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is deemed as having committed the crime of this case, which is a dangerous object of the defendant, and is not a good crime.

The defendant has been punished several times for the same crime of violence, and has not agreed with the victim.

However, the defendant appears to have the attitude to recognize and reflect the crime of this case, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and result of the crime, shall be determined as ordered by considering the following factors.

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