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(영문) 울산지방법원 2018.09.20 2018고단1063
특수협박
Text

A defendant shall be punished by imprisonment for six months.

One knife (No. 1 per annum of the total list of seized articles) seized.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the said sentence at a regular Eup prison on August 24, 2017.

On March 31, 2018, the Defendant: (a) while drinking the Victim C and alcohol in a yellow park located in a yellow park located within a yellow four-lane radius from Ulsan-gu, Ulsan-gu on March 31, 2018, the Defendant: (b) during drinking the Victim C and then deemed dead.

The term “the victim” and “the victim threatened with the victim as a knife knife knife knife knife 25cm in length and 41cm in length), which is a dangerous object.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Records of police seizure, list of seizure and blades thereof;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report of repeated crimes);

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is divided in depth after the Defendant committed the crime, but there are many records of punishment for violence, and the fact that the Defendant did not agree with the victim in the instant crime even though the Defendant was in the same repeated crime period at the time, and did not agree with the victim in the first place, and other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, etc., shall be comprehensively taken into account.

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