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(영문) 서울북부지방법원 2016.11.29 2016고단2657
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 21:00 on June 2, 2016, the Defendant used one knife (the total length of 41cc, the knife length of 27cc) which is a dangerous object to a restaurant operated by the victim E (the 60-year age) and the victim E (the 60-year age) and used one knife ( the knife length of 41cc, the knife length of the knife) for the reason that the above restaurant delivery engineer intended to take a bath, and the Defendant expressed the victim “(s) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Written statements of D;

1. Speeds and photographs of delivery;

1. On-site map;

1. Investigation report (on-site visit);

1. Application of the Acts and subordinate statutes to report on investigation;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Persons who are not subject to the punishment in the mitigated area (limited to four months to one year) (limited to a person subject to special mitigation) of mitigated areas (limited to a person subject to special mitigation) for the crimes of intimidation according to the sentencing criteria.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into and reflected against his own crime; there is no record of criminal punishment except for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the District Court on May 9, 1997; and the victim D clearly made the defendant not to be punished before the prosecution; it is disadvantageous circumstances such as the victim D's desire to the defendant and the ordered food are abandoned without delivering it.

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