logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.12.21 2017고단6971
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 3, 2017, at around 02:0, the Defendant, while drinking in the office of the Incheon Indoor Fishing Place Co., Ltd. located in the Incheon Strengthening-gun, opened a knife 7 knife and a knife 1 knife knife, which are dangerous goods on the knife site, in his hand, and threatened the victim D (45 knife) who is an employee of the said fishing place, with a knife as a 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 D;

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

1. Relevant Article 284 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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and six months) of the sentencing guidelines does not exist;

2. Intimidation other persons using a knife, which is a dangerous thing that may be sentenced to punishment. In light of the method of the crime, etc., the fact that the nature of the crime is not light, the fact that there is no agreement, etc. is contrary to the unfavorable circumstances, the fact that the crime is likely to lead to contingent crimes, the fact that a certain amount of money is deposited for the victim, and the fact that there is no record of punishment for the same kind of crime other than traffic-related crimes, etc. shall be considered favorable circumstances, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, motive and circumstances after the crime

arrow