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(영문) 수원지방법원 평택지원 2019.06.13 2018고단2016
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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

1. On October 20, 2018, the Defendant: (a) at the main point of “C” located in Ansan-si B around 20:35 on October 20, 2018, the Defendant: (b) brought about a dispute with the victim D (the age of 28) while leaving the knife ( approximately 37.5cm in total length, approximately 24.8cm in knife length), which is a dangerous object on the back seat of the Defendant’s vehicle, threatened the victim with a knife by cutting off the knife ( approximately 37.5cm in knife, approximately 24.8cm in knife length), and threatened the victim with a knife.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

2. At around 12:10 on March 31, 2019, the Defendant: (a) threatened the victim G (39 years of age) with a knife and a knife knife knife knife knife knife knife knife (36 cm in total length, 23 cm in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

[2018 Highest 2016]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement and list of police seizure [2019 high-ranking 459];

1. Defendant's legal statement;

1. The police statement concerning G;

1. Police seizure certificates;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The fact that there was a very high risk of committing a crime on the grounds of sentencing under Article 48(1)1 of the Criminal Act, and that the crime was committed again without being aware of during the trial.

However, it is an initial criminal who has no record of criminal punishment, and all of the crimes of this case.

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