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(영문) 서울서부지방법원 2018.11.29 2018고단2316
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2018, at the front of Yongsan-gu Seoul Metropolitan Government, around 19:00, the Defendant expressed the same attitude that the victim C (53 tax) did not repay 1.30,000 won between the Defendant and the Defendant, a dangerous object (35 cm in length) to the victim, and the sound "dos and Dos" would inflict bodily harm on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. A report on investigation (to hear statements made by shots D);

1. Application of Acts and subordinate statutes on photofics;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. Where the reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] is mitigated from the mitigated area (two months to one year), the punishment of a person who is not subject to special mitigation (including serious efforts to recover damage), or considerable damage has been recovered from the mitigated area (two months to one year), or damage has been restored from the mitigated area;

2. The fact that the Defendant was punished for committing a violent crime even before the instant case, and the instant crime committed by the injured party, citing the net value, which is a dangerous object on the ground that the injured party did not fully repay 130,000 won from the Defendant, and the nature of the crime is not good, etc., under the circumstances unfavorable to the Defendant. Meanwhile, there is no criminal conviction exceeding the fine of the Defendant, and the injured party was willing to have the Defendant’s wife, and all of his mistake is recognized, and against this, the circumstances favorable to the Defendant are considered, and the punishment is determined as ordered, taking into account all the circumstances favorable to the Defendant, such as the Defendant’s age, sex, family relation, living environment, means and consequence of the crime, and circumstances after the crime.

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