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(영문) 수원지방법원 성남지원 2017.07.20 2017고단177
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 18, 2016, the Defendant: (a) entered D convenience stores located in Seongbuk-gu, Sungnam-si, Sungnam-si; and (b) returned to a 30-minute convenience store without purchasing goods; and (c) returned to her gender within the convenience store; (d) E, an employee of convenience store, who is an employee of the convenience store, was sexually working for the victim F (34 years).

The injured party, upon receiving the above contact, takes the Defendant out of the convenience store, and the Defendant, “I am off the victim’s day”;

C. C. E. F.E. gu. “The body of the victim was sealed by hand, and the face of the victim was three times.

Accordingly, the defendant assaulted the victim.

2. Special intimidation: (a) the Defendant, at the time, at the time, and at the place specified in paragraph 1, she laid down the victim F’s view, and knife the knife (16cm wide, 4cm long) knife, which is a dangerous thing held by the bank, is flife, and knife the victim’s knife.

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 interrogation of suspect of the police of the F;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes on the screen by cutting a knife photograph and CCTV course;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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

1. The defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, has committed violent acts, such as threatening a victim without any special reason, and the fact that the defendant has been punished for the same kind of criminal record is disadvantageous to the defendant, and the defendant does not repeat the crime after being hospitalized in the hospital due to impulse disorder, etc.

The punishment shall be determined as per the order in consideration of the circumstances favorable to the defendant.

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