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(영문) 서울동부지방법원 2020.01.21 2019고단3493
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Reasons

On December 17, 2014, the Defendant was sentenced to imprisonment with prison labor for the crime of interference with business by the Seoul Northern District Court on December 17, 2014, on April 9, 2015, to imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Northern District Court on April 9, 2015, and on April 23, 2015, to four months from the Seoul Northern District Court on April 23, 2015. On February 15, 2018, the Defendant completed the execution of

Criminal facts

On October 25, 2019, around 11:20 on October 25, 2019, the Defendant sought at the residence of the victim C (n, 67 years of age) located in Seongdong-gu Seoul Metropolitan Government, and threatened the victim by putting two transitions (29cm in total length, 17.5cm in length, 17.5cm in length) that the victim purchased and possessed in advance the front door door, and then threatening the victim by displaying the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D or C;

1. Excessive photographs;

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (verification during the period of repeated crime), court rulings (Evidence List 8), and application of Acts and subordinate statutes to the status of acceptance of individuals;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Aggravation of the recommended punishment according to the sentencing guidelines (decision of a type of punishment), the group of violent crimes, intimidation, and the group of types 4 (Special Intimidation): Reduction elements of the same repeated crime (general person): In the area of serious reflect [the scope of recommending punishment]: Six months to two years; and

2. The crime of this case, which was determined to be sentenced, is an excessive threat of a victim, which is a dangerous object of the defendant, and the criminal liability is not minor in light of the tool used for the crime and the risk of the crime.

In addition, the defendant has been subject to criminal punishment, including punishment for violent crimes, several times, and repeated during the period of repeated crime.

However, the fact that the defendant is recognized to commit the crime, and the husband of the victim makes the amount of income of the defendant.

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