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(영문) 광주지방법원 2020.10.08 2020고단4232
특수협박등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The defendant, around July 17, 2017, entered the Republic of Korea as non-professional employment visa (E-9) with non-professional employment visa (E-9) and is a foreigner of Cambodia who has been staying in the Republic of Korea from that time until that time.

1. On July 19, 2020, at around 05:00, the Defendant: (a) took a knife a dangerous weapon (not less than 31cm in length of the knife) that the Defendant was a deadly weapon (not less than 31cm in the knife) that the Defendant was in his possession of his ordinary seat in the street in front of the Gwangju Mine District; and (b) took a knife a knife and knife the victims.

Accordingly, the defendant, carrying a deadly weapon, threatened the victims.

2. No one, other than a person permitted to possess swords pursuant to statutes, shall possess swords in violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;

Nevertheless, the defendant possessed swords that cannot be held in accordance with the law at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Each police statement related to G and H;

1. Records of seizure and the list of seizure;

1. Indictment;

1. Photographs and on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (related indictments), internal investigation reports (on the spot ctv confirmations and video materials attached), investigation reports (swords used by a suspect A at the time of committing a crime);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment, Article 71 subparagraph 1 of Article 71 and Article 12 (1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., and the selection of imprisonment for each sentence;

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

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

1. An unfavorable circumstance and the defendant committed a crime, such as the reason for sentencing under Article 48(1)1 of the Criminal Act, the nature of the crime and the circumstances after the crime are not good.

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