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(영문) 수원지방법원 2016.04.07 2015고단6401
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant resided in the same Dongdong as the victim C(42 tax) and has a dispute over the construction noise problem. On May 2, 2013, the defendant had a good appraisal about the defendant's 500,000 won of fine due to the crime that the defendant injured the victim.

On December 1, 2015, at the front of the convenience store operated by the victim C(42)(S) of the victim C(34cm in total length, 13.5cm in length on the day) in Suwon-si around 15:20 on December 1, 2015, the Defendant prevented the Defendant from entering the convenience store by carrying one hand, which is a dangerous object (14cm in total length, 13.5cm in length, 14.5cm in total length), and one hand, which is a dangerous object, in front of the convenience store.

“Along with sound, I attempted to take out the hand knife in the inner knife.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations given in the sentencing guidelines] : (a) term unfavorable to the basic area (six months to one year and six months) of Type 4 (Habitual, Cumulative, Special Intimidation) [Pronouncement Decision] - The crime of this case is committed by carrying dangerous articles and threatening the victim, and the nature of the crime is not good - The defendant recognizes and reflects his mistake, which is advantageous to the fact that there is a record of being punished four times by a fine due to violent crimes - The defendant has no previous conviction or more than a suspended sentence. It is so decided as per Disposition on the grounds that there is no previous conviction or more than a suspended sentence.

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