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(영문) 서울남부지방법원 2020.11.04 2020고단52
특수협박
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2019, at the main point of "C" located in Yeongdeungpo-gu Seoul Metropolitan Government on December 00:38, 2019, the Defendant took a bath at the victim D (year 64) who did drinking on the side table table without any justifiable reason while drinking a mixed alcoholic beverage and drinking it on the side table, but the Defendant took a bath, but the victim did not seem to have any reaction, but went back to the victim, which is a dangerous object prior to the victim's possession, the industrial knife knife ( approximately 18CM, approximately 7CM in the total length of knife).

Accordingly, in the course of trying to make the Defendant’s hand over and pressure the Defendant’s hand, the Defendant and the victim came to go beyond the floor. Since then, the Defendant acted as the victim would inflict any physical harm if the victim did not stop his/her pressure.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of statutes, such as site photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is important in light of the risk of the arrest and detention, the risk of the knife and the fact that the victim did not have been used.

However, the punishment shall be determined in consideration of the overall conditions of the arguments of this case and the sentencing indicated in the records, such as the fact that the defendant is led to confession, the fact that no criminal punishment is imposed since 2002, the fact that the defendant's living in custody is against the defendant for a considerable period of time, and the age, character and conduct, environment, motive, means and consequence

It is so decided as per Disposition for the above reasons.

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