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(영문) 서울남부지방법원 2018.12.13 2018고단3427
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to five years of imprisonment for the crime of bodily injury at Seoul Southern District Court (Seoul Southern District Court). On August 13, 2016, the parole period expired on December 29, 2016.

Criminal facts

On June 26, 2018, around 16:40 on June 26, 2018, the Defendant: (a) in the D Game Chapter of the Victim C (47) operated in Guro-gu Seoul Metropolitan Government (hereinafter referred to as “C”); (b) did not obtain the game points well; (c) was in harmony with the victim; (d) was in line with the victim’s oral dispute; and (e) was in line with the hand of the wire-lines of the steel-line construction that are dangerous goods at the Defendant’s house located in Guro-gu Seoul Metropolitan Government, and (e) was displayed to the victim and the victim; and (e) whether the Defendant

The victim threatened the victim by stating that he/she will die.

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

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Police seizure records (voluntary submission);

1. A photograph of the tools of crime;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, investigation report (Review as to whether a repeated crime is repeated) and statutes;

1. Relevant Article 248 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 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] types 4 (Habitual, repeated, and special intimidation) (4 months to 1 year) and the area of mitigation (4 months to 1 year) (special mitigation factors) and no penalty is imposed;

2. In light of the fact that a majority of the criminal records including the criminal records of the previous head of the crime committed against the defendant, the crime of this case was committed during the period of repeated crime due to the criminal records, and the defendant committed again the crime of this case even though he was sentenced to a fine for the crime of assault prior to the crime of this case, it is inevitable to sentence the defendant to be sentenced.

However, the defendant recognizes his mistake and reflects his fault.

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