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(영문) 서울중앙지방법원 2020.05.20 2020고단1435
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant served in the same company as the victim B (the age of 43) and was retired from around December 2018, the Defendant collected the wrong mind that the victim spreads a good door to the Defendant, knife the knife, and had the victim find the victim.

At around 10:40 on January 20, 2020, the Defendant acted as if the Defendant would inflict blades on the victim by using the knife part of the knife (total length of 35 cm and length of 20 cm on the day) which is a dangerous object prepared in advance at the second floor office of the Gangnam-gu Seoul Metropolitan Government C building.

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. B written statements;

1. An investigation report (to hear statements made before a victim B);

1. Police seizure records;

1. The list of seizure and certificate of seizure;

1. An investigation report (report on the review of CCTV images submitted by a victim);

1. Investigation report (Attachment of CCTV image files submitted by a victim) - Video files;

1. Application of the statutes governing knives and photographs to crimes;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the scope of intimidation [Type 4], repeated crimes, special intimidation [Special Convicts] - mitigated elements: Where the degree of intimidation is minor (Type 1, 4, and 5): [the scope of the recommended sphere and the range of the recommended sentence] mitigated area, two months to one year [general person] mitigated elements: Voluntary reflectiveness and criminal punishment; no record of criminal punishment;

3. Determination of sentence: 4 months of imprisonment with prison labor and 1 year of suspended sentence (decision of sentence ] The nature of the crime is not good in that it threatens the victim, citing the scarf, which is a dangerous thing of the defendant.

However, as the defendant was the first offender, the mistake was committed while committing the crime in this case, and the injury of external stresse, etc. was committed.

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