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(영문) 서울동부지방법원 2016.02.02 2015고단3023
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2015, the Defendant: around 23:17, at the residence of the Defendant located in Gwangjin-gu Seoul Special Metropolitan City, around 401, and on the ground that the Defendant lowered twice the walls to resist the Defendant who caused noise of the victim D (27 cm) and the victim E (24 cm) residing in neighboring house (24 cm). The Defendant found the above 402m of a dangerous object (30.5m in total length, 30.5m in length, 21m in length: 21m in length) and opened a door with the front door. The Defendant saw the victims of the victims by opening the victim’s door, and acted to the victims, such as “picking,” and doing so.

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the statutes on seizure records (voluntary submission), list of seizure, and photographs;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act [the scope of recommending punishment] Article 48(1) of the Act on the Punishment of Terrorism [the scope of recommending punishment] [the scope of punishment] Article 4 of the Act on the Punishment of Terrorism [the person who is a special mitigated punishment] [the defendant] Article 4 of the Act on the Punishment of Intimidation [the defendant's crime of this case is highly likely to commit a crime with a knife, which is a dangerous thing of the defendant, and threatens victims, and the defendant is punished by a fine twice due to a crime related to violence and a suspended sentence of imprisonment twice. Further, the crime of this case is a crime committed during the suspended sentence period of the same kind of crime, which is disadvantageous to the defendant.

However, the fact that the defendant recognizes and reflects the crime of this case is late.

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