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(영문) 서울중앙지방법원 2015.12.03 2015고단6141
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On August 24, 2015, at around 21:23, the Defendant: (a) took part in the packing horse operated by the victim E in front of DMat in Jongno-gu Seoul Metropolitan Government, carried out physical fighting with the victim’s vision, and returned home, but the Defendant returned home, with a knife (17cc in length, 29cc in length), which is a dangerous object at home to the victim’s knife; and (b) threatened the victim with “to die.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for the crime of intimidation [the scope of recommendation] Article 48 (1) 4 (Habitual Cumulative Offense and Special Intimidation) [the person who has been specially mitigated] [the decision of sentence] and Article 48 (1) 1 (Article 4-1) of the Criminal Act for the crime of inflicting bodily injury by carrying dangerous articles: The circumstances favorable to the fact that the defendant was sentenced to suspended sentence of imprisonment due to the crime of inflicting bodily injury: The victim does not want the punishment against the defendant by mutual consent with the victim: the defendant's age, character and behavior, environment, health conditions, motive and result of the crime, etc., and the various conditions of sentencing shown in the arguments of this case, such as

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