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(영문) 수원지방법원 여주지원 2018.10.24 2018고단730
특수협박
Text

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

One square meter (No. 1) and one blast (No. 2) in a seized kitchen, respectively.

Reasons

Punishment of the crime

[criminal records] On May 12, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for interference with the execution of official duties in the credit support of Suwon Friwon, and completed the execution of the sentence on September 9, 2017.

[2] On April 2, 2018, the Defendant, at the 1st floor parking lot, Leecheon-si B lending, Leecheon-si, 23:00, mispercing that the victim C (23 cm) boarding a knife in the knife is operating a commercial sex business establishment, the Defendant, on the left hand, committed an act as harmful to the victim by stating that the victim C (23 cm) was a dangerous thing (34cm in total length, 20cm in length) and that the knife knife was a dangerous thing (22 cm in total length) with the knife in the knife, which was a dangerous thing, and committed an act as harming the victim.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and photographs of seized articles;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the period of repeated crime of the suspect), and the current status of expropriation of each individual;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment: Imprisonment with prison labor for one month or for fourteen years;

2. Where the scope of the sentence that is recommended on the sentencing criteria [the scope of the recommended sentence] is reduced [the scope of the sentence] of the mitigated area (4 months to 1 year), the punishment is not suspended (including any effort made to recover damage), or damage equivalent to a considerable part of the mitigated area (4 months to 1 year), or the mitigated area (4 months to 1 year);

3. Determination of sentence: (a) the victim was an operator of a commercial sex acts establishment, as the defendant misleads the defendant.

Even if the defendant uses a lethal weapon such as a knife, it is difficult to view that the defendant's act of intimidation is a legitimate act as stated in the judgment.

The defendant salkly salkly knife his knife with knife.

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