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(영문) 광주지방법원 목포지원 2017.02.13 2016고단1618
특수협박
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:10 on November 27, 2016, the Defendant: (a) collected food blades (20cm in length, 32cm in length) on the part of the victim C, which was operated by the victim C at C, and threatened the victim E with the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2016.

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C and E respective statements, police seizure records, photographs, and investigative reporting statutes;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable circumstance is that protection observation, community service order, and order to attend a lecture are of the same kind of criminal records for sentencing under Article 62-2 of the Criminal Act, the method of committing a crime is dangerous and not good, and the victims’ failure to receive correspondence is unfavorable.

Provided, That the sentence shall be imposed as ordered in consideration of favorable circumstances, such as the fact that there is no criminal record exceeding a fine, the fact that a mistake is reflected by recognizing a crime, and no physical damage has been inflicted.

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