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(영문) 수원지방법원 2017.01.18 2016고단6940
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2016, at around 18:50 on October 30, 2016, the Defendant: (a) performed drinking together with the victim D (39 years of age) who is his/her workplace in the C cafeteria located in Suwon-si B, Suwon-si; and (b) threatened the Defendant with a food blade (27 cm in total length, 15 cm in length) which is a dangerous object in the kitchen of the restaurant and the victim on the ground that the victim, who is his/her workplace, is in the presence of his/her own audience; and (c) by doing so.

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

2. A special assault Defendant threatened the victim D at the time and place specified in paragraph 1, as above, and then knives of the knives of the knives of the knives of the knives, which are dangerous objects.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to CCTV extraction photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the reasons for sentencing)

1. A crime falling under the scope of the recommended sentencing guidelines [the scope of the recommended punishment] falling under the category 6 (Habitual, Cumulative, Cumulative Offense, Special Violence) (4 months to 1 year and 2 months) of the mitigated area (the scope of the recommended punishment] of the second crime not punishable [the scope of the recommended punishment] of the mitigated area (Habitual, Cumulative, Special Intimidation) of the mitigated area (4 months to 1 year): The final sentencing range based on the aggravated punishment of the mitigated area of the mitigated area (4 months to 4 years): April to August;

2. Circumstances unfavorable to the determination of sentence: The circumstances that are favorable to the fact that there is no low need for punishment in light of the method of punishment, etc.; the fact that there is a wrong recognition and reflection; that there is no record of criminal punishment for not less than ten years.

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