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(영문) 전주지방법원 2016.02.18 2015고단1998
특수협박
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 1 shall be confiscated.

Reasons

Criminal facts

[Criminal record] On February 10, 2010, the Defendant was sentenced to six years of imprisonment by the Jeonju District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and completed the execution of the sentence on September 9, 2015.

[Criminal facts]

1. On September 16, 2015, the Defendant committed the crime against the Victim C around 13:30 on September 16, 2015, at the “E” located in Yansan-gu Seoul Metropolitan City, the Defendant put the victim C (36 years of age) this bath and reflects, and put the Defendant on the table a dangerous article (24 cm length, 13 cm in length of the knife) in a newspaper held in the gals of Australia.

At present, the victim threatened the victim by stating that he/she will die at all times.

2. The Defendant, at around 20:15 on the same day, threatened the Victim F with the Victim F (43 tax) at the same time, who was in dispute with the Victim F (hereinafter referred to as the “victim F”) that he would have to receive the repayment of the obligation first, and thereby, threatened the Victim F with the excessive amount of dangerous articles in his possession, which is the above dangerous articles, as his hand, by stating that “I am gue fla f f f f f

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Protocol and list of police seizure;

1. Existing presence under subparagraph 1 of this Article;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to personal identification, acceptance status, sentence of judgment, etc.);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant repents his mistake, and that the victim and the victim agree with each other smoothly, etc., are favorable circumstances, or that the defendant, who had been punished several times due to a crime related to violence, has not committed the crime of this case again, and it is disadvantageous that the defendant again committed the crime of this case.

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