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(영문) 서울북부지방법원 2018.09.12 2018고단1258
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 1, 2018, at around 05:30, the Defendant: (a) brought a brush, boom, tobacco, etc. in the “E cafeteria” operated by the victim D (n, 70 years of age) located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as “E cafeteria”); and (b) made food as soon as possible.

Accordingly, the victim expressed that "I will promptly see that I will come to the defendant without being aware of the food price," and that "I would like to see the width of the victim," and that the defendant was able to take the food knife in the kitchen of the restaurant ( approximately 34 cm in length, about 20 cm in length, about 34 cm in length, about 10 cm in length, about 20 cm in the cafeteria, and threatened the victim with the threat of killing the victim."

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to deadly weapons photographs;

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. The suspended sentence under Article 62(1) of the Criminal Act has a record of being punished several times of violence for the reason of sentencing, the victim does not want the punishment of the defendant, the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, etc. shall be determined as the same as the order, in consideration of the circumstances after the crime, etc.

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