(영문) 수원지방법원 평택지원 2017.09.20 2017고단103

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(영문) 수원지방법원 평택지원 2017.09.20 2017고단103

특수협박

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who was dismissed while working in the sense of “F Mt” 2 located in Yongsan-si, and the victim G (49) is a point of “F Mt” 1 located in Pyeongtaek-si H.

On January 7, 2017, at around 15:50, the Defendant asserted with the victim in relation to dismissal, and threatened the victim with stringk knife (25 cm on the blade, 52 cm in total length) in the vehicle on which the Defendant was on board, and threatened the victim with bucks and bucks.

Accordingly, the defendant carried a dangerous knife knife, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Police seizure records and list of seizure;

1. CCTV images;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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 suspended execution;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act (within the scope of the recommended sentencing criteria);

1. The area (4 months to 1 year) subject to mitigation of the sentencing criteria (special intimidation for repeated crime) for the crimes of intimidation;

2. Determination of sentence seems to have significantly increased the fear of the victim’s fear due to the instant crime. Determination of sentence is made by comprehensively taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, including the following: (a) unfavorable circumstances, such as the commission of the instant crime and the method of the commission of the crime; (b) the recognition of the case and the Defendant’s commission of the crime; (c) the Defendant’s commission of the crime; and (d) the victim’s commission of the crime; and (d) the Defendant’s commission of the punishment for the latest nine years; and (e) the Defendant’s commission of the crime without any criminal history; and (e) the Defendant’s age, sex behavior, environment, family relationship, motive, means and consequence of the crime; and (e) the overall

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