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(영문) 광주지방법원 해남지원 2019.05.02 2018고단444
특수협박
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 17:15 on November 6, 2018, the Defendant collected food blades ( approximately 33 cm in length, approximately 21 cm in length on the day), which is a dangerous object on the top of the store, and threatened the victim with a knife on the ground that the Defendant sold alcoholic beverages to the victim D (the 76-year-old), who is the owner of the place of the business, but did not sell it.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. 112 Notification to the department related to the report of the case;

1. Each photograph (Evidence Nos. 6, 20, 26) [Defendant and defense counsel] asserts that the Defendant only takes knife the knife cited by the victim at the time and does not pose a threat to the victim. However, according to the fact that the victim made a consistent statement in an investigative agency and a court and reported “any knife knife knife knife knife knife knife knife knife knife knife knife knife

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3. Determination of sentence: 4 months of imprisonment with prison labor and one year of suspended sentence are crimes of this case committed under the influence of alcohol by the Defendant, and the degree of intimidation is weak.

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