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(영문) 서울북부지방법원 2016.03.10 2016재고단1
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant spite the victim D (59) in a park located in Gangseo-gu Seoul Metropolitan City, Gangnam-gu, Seoul, on the ground that the Defendant spite, dumps waste, drinks waste, and drinks, then made a knife with a knife (27 cm in total length, 16 cm in knife) at the Defendant’s residence located near the park, and made a threat to the victim’s knife with a knife and a knife (16 cm in knife), and made a knife with a knife as the victim’s knife.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against E;

1. Statement made by the police against D;

1. Broughts used by the recipient;

1. Application of Acts and subordinate statutes to report on investigation (Listening to previous G Statements);

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. The scope of the recommended punishment [the scope of the recommended punishment] for the sentencing criteria and the scope of the mitigated area (the period of imprisonment for four months to one year) (the period of special mitigation) (the period of imprisonment for four months).

3. The sentence shall be determined like the order, taking into consideration all the circumstances shown in the arguments in this case, such as the fact that the defendant has already repented and reflected his criminal conduct, the fact that the defendant seems to have suffered inconvenience in living due to the persons accommodated in the park in front of his dwelling, the fact that the victim does not want the punishment of the defendant, the health status of the defendant, his age, family relationship and inclination, etc.

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