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(영문) 서울남부지방법원 2016.04.05 2015고단4301
특수협박
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2015, around 23:05, the Defendant took a bath on the ground that the victim E (the age of 19) was bad, in the “D” pentabac, D” pentac, and the victim E (the age of 19) was bad, and took two excessive (13cm in length of each blade, 12cm, and 12cm in length) as two descendants, and acted as the victim’s face and neck, which would inflict any injury on the victim’s body.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. E statements;

1. Photographs (two excessive implements of crimes) (two Acts and subordinate statutes shall apply;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. Basic area of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommended punishment in accordance with sentencing guidelines]: From June to one year and six months [the decision of sentence] from June to one year and six months [the decision of sentence] the excessive amount, which is a dangerous object, of the defendant, shall be taken out at a night;

The act of intimidation and the victim is highly dangerous, and in that the agreement with the victim or the damage recovery has not been made up until now, it is reasonable to punish the crime as imprisonment without prison labor.

However, in consideration of the circumstances, such as a contingency crime under the influence of alcohol, the victim has not been injured, the confession and seriously reflects the crime, and the fact that there is no serious criminal record during the last ten years, the sentence of suspended execution like the order shall be imposed only once, but the community service order shall be added in order to prevent and reflect recidivism.

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