logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.10.14 2016고단2906
특수협박
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

1. Around January 27, 2016, Defendant A’s special intimidation: (a) around 23:50, the Defendant: (b) had a kitchen knife, which is a dangerous thing in the kitchen; and (c) threatened the body of the injured party, on the ground that the injured party, while drinking alcohol together with the injured party B (the age of 52) who was a customer, continued to do so, had the kitchen knife, which is in danger in the kitchen; and (d) had the kitchen knife, which would inflict bodily harm on the injured party.

2. The Defendant suffered special injury by Defendant B, at the time, at the place specified in paragraph (1), and at the end of the Victim A (50 years of age) with beer residues, which is a dangerous article in the tables, collected from the victim A (50 years of age), and had approximately two weeks of treatment required for the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A report on investigation (field situation and witness's statement);

1. A written diagnosis of injury;

1. Application of field photographs and Acts and subordinate statutes to the suspect;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 284 and 283(1) of the Criminal Act; choice of imprisonment

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants in a suspended sentence: In light of the following: (a) each of the instant crimes committed by the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Act is a dangerous object such as kitchen and beer, and the method of the crime was very dangerous; and (b) the Defendants had the power to have already been punished for the same kind of crime, there is sufficient need to strictly punish the Defendants.

However, in light of the fact that the Defendants led to the confession and reflect of each of the instant offenses, the Defendants reached a mutual smooth agreement among them, and other circumstances, such as the Defendants’ age, character and conduct, environment, motive and circumstance of the commission of the offense, and the circumstances after the commission of the offense, etc., the punishment as ordered shall be determined.

arrow