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(영문) 서울중앙지방법원 2016.06.10 2016고단2633
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 11, 2016, at around 01:30, the Defendant was suffering from disturbance, such as, under the influence of alcohol, brecing the said bread display room to the female employees of the said bread house, by generating the said bread display room.

Therefore, on the ground that the victim C (33 S) who was walking a path and attached the defendant, we would like to take the kitchen, which is a dangerous object that was in possession of the locker of the defendant's inner part of the defendant, in a kitchen, and take a kitchen, which is a dangerous object that he had been in possession of the locker of the defendant's inner part of the defendant, and 18 cm in a knife and die the victim.

In other words, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The 112 reported case handling table; and

1. Protocol and list of seized articles, and photograph of seized articles [the defendant alleged to the effect that he was in a state of mental or physical loss or mental weakness by drinking alcohol at the time of committing the crime in this case. Thus, according to the above evidence, even though he was aware that he had drinking at the time of committing the crime in this case, he did not seem to have reached a state where he had the ability to discern things or make decisions. Thus, the above assertion is rejected.]

Application of Statutes

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act / [the scope of recommendations] where the mitigated area (including four months to one year), the mitigated area (including a person who has been specially mitigated), or considerable damage has been recovered (including a serious effort to recover damage) of the mitigated area (the decision of sentencing] (the defendant may have a criminal record of violence) and the crime of this case is very dangerous in light of the attitude of the act of this case.

However, the fact that the defendant confessions and reflects the crime, the victim does not want the punishment of the defendant, the age, sex, environment, family relationship, and the motive and motive of the crime.

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