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(영문) 서울서부지방법원 2021.03.10 2020고단2868
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 September 2, 2020, at around 15:05, the Defendant, at the 2nd public service center of the C community service center located in Yongsan-gu Seoul Metropolitan Government on September 2, 2020, revoked the distribution of a stormer, the Defendant stated that the kitchen knife (32.5cm in total length, 21cm in knife length), which is a dangerous object, was placed in a vinyl paper and brought the kitchen knife into hand and brought about “the victim D (25 years old) who is a public duty personnel, who is a public duty personnel.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the records, lists, statements (E, D), photographs of criminal tools, ctv images, and internal investigation reports (related to the emergency hospitalization of suspected persons);

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. Article 62(1) of the Criminal Act (see, e.g., "the grounds for sentencing")

1. Reasons for sentencing under Article 48 (1) of the Criminal Act, which may be forfeited under Article 62-2 of the Criminal Act, for observing protection and attending lectures;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes: the basic area of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment], the basic area of the repeated crime and special intimidation [the scope of the recommended punishment], April through June of the imprisonment.

3. Determination of sentence: A sentence of imprisonment for 8 months shall be sentenced to 2 years of suspended sentence, 2 years of fine for the crime of injury to protection observation, 2 years of endeavor or failure to agree on the recovery of damage, 3. There is no previous conviction after a fine was imposed on July 2012, 300, and 4. A police officer’s aid immediately after the arrest in the instant case, was first hospitalized at the National Health Center and discharged from the area. The fact that a mental disease, such as the existence of alcohol that the Defendant suffers, and depression, may have affected the instant crime, and that the basic life is difficult due to the supply and demand of basic life, shall be considered as normal circumstances.

(b) other.

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