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(영문) 대전지방법원 2019.10.30 2019고단3381
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Two kitchens (Nos. 1 and 2) seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Justice] On November 15, 2018, the Defendant was sentenced to eight months of imprisonment for special assault, etc. at Daejeon District Court, and completed the execution of the sentence on May 27, 2019.

[Criminal facts] At around 15:00 on September 2, 2019, at around 19:50 on the same day in Seo-gu, Daejeon, the Defendant: (a) 2 kitchen-gate (19cc in total length, 30cc in length, 18cc in total) which is a kitchen-gate (19cc in length; 30cc in length) on the ground that the Defendant’s Defendant was prevented from smoking tobacco in the said marina; (b) around 15:00 on the same day; and (c) 2 kitchen-gate (19cc in total length, 30cc in length; and (d) 18cc in total; and (d) the Defendant made a noise to the victim in the Kabter, “I am and fabbb pl,” and by taking one kitchen-gate into the front part of the victim’s part, and threatened the victim with a knit.

In addition, on the ground that the victim E (the age of 51) who was a marina customer who had observed the above crime at the same place said D referred to the said D as “112 so-called 112 so-called the “112 so-called the victim,” one kitchen knife, which is a dangerous object in possession of the chemical, was shaking the victim, and the victim threatened the victim with the kitchen knife by taking away the victim out of the marina, and the victim threatened him with the kitchen knife.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Records of seizure and the list of seizure;

1. On-site CCTV photographs and photographs of seized articles;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports (personal confinement status);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has been punished several times for the same kind of crime, and the subsequent punishment is inevitable to repeat the crime of this case as long as the punishment was imposed for the same crime.

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