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(영문) 수원지방법원 2017.04.25 2016고단2107
특수협박
Text

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

A knife knife knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for the purpose of destroying the present main building and the crime of fire at the Suwon Friwon method, and completed the execution of the sentence at the Grisung Vocational Training Institution on September 16, 2015.

At around 15:50 on April 26, 2016, the Defendant wishes to open, die, or die in front of the convenience store C located in Suwon-si, Suwon-si, and on the ground that it is slick from the victim D (45 taxes) who was seated next to the Defendant’s seat, to listen to his anti-end and bathing, which is a dangerous object kept in the EF 763 located in Suwon-si, Suwon-si, the Defendant’s residence, and to face to the left side of the Defendant and the victim “I wish to open, kill, and die”

The phrase “intimidating the victim’s physical harm” was threatened as if the victim were to do so.

Summary of Evidence

1. A protocol concerning the examination of suspect of the assistant judicial police officer;

1. Statement made with respect to D prepared by the assistant judicial police officer;

1. A investigation report (Attachment toCCTV images) and a CCTV image photograph;

1. Seizure records;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification that the period is a repeated crime period), personal identification/ confinement status, and application of the text of the judgment;

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 35 of the Criminal Act for aggravated repeated crimes;

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 14 years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment]; the crimes of intimidation; the types of four (Habitual, repeated, and special intimidation) [the scope of the recommended punishment] (the scope of the recommended punishment); the basic area of the punishment; six months of imprisonment; or one year and six months of imprisonment.

3. The circumstances are favorable to the Defendant, such as the fact that the Defendant: (a) was under the influence of alcohol to listen to the horses and humiliations from the damaged person; (b) there are circumstances that may be considered in the course of and motive for the instant crime; and (c) the Defendant was merely engaged in intimidation with a knife, which is a dangerous object, and did not cause other harm, such as injury.

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