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(영문) 수원지방법원 2018.05.15 2018고단73
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, at around 20:25 on December 16, 2017, 'D' operated by the Defendant in e.g., the restaurant, “D” operated by the Defendant in e.g., the customer E (50 years), and the victim, who was engaged in the calculation after completing meals on the ground that the conduct was slick in the restaurant, was slick. Ne.

Does there have been a long period of time, how long

The death shall be discarded.

As knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Investigative reports, investigative reports (to hear statements made by victim E), and investigative reports (to hear statements made by shots G);

1. Application of Acts and subordinate statutes to data on static blades;

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. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of the recommended sentence] violent crime No. 4 (Habitual Cumulative Offense, Cumulative Offense, Special Intimidation): Special mitigation element (4th to 1 year): The crime of this case is not punishable [the decision of sentence] because the defendant, who had drinking alcohol, threatened the victim who is a restaurant customer by carrying a static knife, and the nature of the crime is not easy. In light of the fact that the victim escaped from the defendant, the degree of intimidation of the defendant does not seem to be weak. In addition, the defendant was sentenced to a fine twice for the past ten years as well as the defendant was sentenced to a punishment twice for the crime of injury. On January 19, 2017, the defendant was sentenced to a suspended sentence of imprisonment with prison labor for six months from driving in the method of drinking, and did not take care of the defendant during the grace period.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant is the victim.

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