logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.04.13 2019고단3623
특수협박
Text

A defendant shall be punished by imprisonment for six 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

On September 6, 2019, at around 16:50, the Defendant collected food knife (30cm in total length, 18cm in length on the day) which is a dangerous thing in the kitchen and 18cc in the victim’s face, and collected knife (25cm in length) from the victim, and took knife the victim’s knife (25cm in length) that is a dangerous thing in the kitchen knife and knife in the victim’s face, on the ground that the Defendant did not respond to the summons of the Seoul Family Court due to the special intimidation against the victim D (48 years of age) at his/her mother at his/her residence in Gangdong-gu Seoul Metropolitan Government B B knife the victim, thereby threatening the victim as if he/she knife the victim with the above food and knife or the victim’s knife the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to photographs (kniff);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (2) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the special intimidation [the 4] special intimidation [the 4] - The factors of aggravation of punishment: The victim who is still in existence [the scope of the recommended area and the recommended punishment] - The basic area of the victim [the scope of the recommended area and the recommended punishment], the month from April to June 1 [the general person] - The factors of mitigation: The strong reflective nature [the reasons of suspension of execution] - The major reasons for suspension of execution: the victim who is still in existence - the general pride, and there are no criminal records above the suspension of execution.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

arrow