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(영문) 서울남부지방법원 2016.03.29 2015고단4258
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2015, around 18:15, the Defendant, in front of a restaurant operated by the victim C in a non-fashed area not exceeding Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the victim spits spit in the vehicle as a half-yearly to the Defendant.

on the ground that he was making it difficult to see that he was in the possession of the defendant, brought excessive (19cc in total length, 9cc in length) which is a dangerous object that was in the possession of the defendant, brought about the victim's times, and throw away "I will die."

“In doing so as to commit any harm to the body of the victim”.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration as follows):

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations given in the sentencing guidelines] The basic area of sentencing under Article 48(1)1 of the Confiscation Criminal Act: 6 months to 1 year and 6 months [the sentence] of the crime of this case is highly dangerous that the crime of this case was carried in excess of dangerous articles, and threatened the victim with intimidation, and has not been recovered from agreement with the victim until now, and there is no record of punishment for the crime of the same kind of violence, and it is reasonable to punish the defendant as imprisonment without prison labor.

However, in order to prevent recidivism and to promote sound rehabilitation to society, a sentence of probation like the order shall be imposed in consideration of the circumstances such as contingent facts, confession and serious reflectiveness of a crime, heavy criminal records other than fines, and the fact that there is no recent criminal records, etc., but the probation observation order within the probation period shall be added.

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