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(영문) 의정부지방법원 2017.02.08 2016고단4987
특수협박
Text

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

However, the execution of the above punishment 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 18, 2016, the Defendant discovered the victim E (22 years old) and the victim F (21 years old), who were smoking tobacco at the bed, while carrying a knife knife (31cm in total length, 21cm in length of knife) (No. 1), which is a dangerous article in D convenience store located in Namyang-si, Namyang-si, Seoul, with a view to finding out the knife of the knife (21 years old), and carrying the knife knife to the victims without any reason.

20 60

Dr. Dr. Dr.

“.....”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E and F;

1. Protocols of seizure and list of seizure, each photograph thereof, and the application of Acts and subordinate statutes concerning confiscation;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2) of the Social Service Order Act, and Article 59 of the Act on the Observation, etc. of Protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentences under the law] 7 years of imprisonment [the types of decisions] 4 types of intimidation (Habitual, repeated, and special intimidation) among the violent crime groups / [the scope of recommended sentences] basic area: From June to one year and six months [the general sentencing factors] mitigation elements: The crime of this case, which was threatened by carrying a knife knife for two years of suspended sentence in August, was likely to be committed, and was not restored to damage.

However, considering the fact that the defendant led to an offense and has no record of criminal punishment, the sentence of imprisonment to the defendant shall be suspended, and the protection, observation, and community service shall be ordered in consideration of the aforementioned unfavorable circumstances.

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