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(영문) 서울서부지방법원 2018.08.10 2018고단1972
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

around 23:50 on June 8, 2018, at the victim E (63 cm) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 23:50, the Defendant, at the residence of the victim E (63 cm) with 39 stories above the victim, the victim threatened the victim with the beer knife (No. 1, 15.5cm in total length, 6cm in length of the knife) which is a dangerous object in the victim’s possession on the part of the victim’s knife, sled away on the part of the victim’s knife. “The victim threatened the victim with the knife, knife and knife.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV image files;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. In light of the circumstances in which the reason for sentencing under Article 48(1)1 of the Criminal Code of Confiscation is dangerous, considering the fact that the defendant agreed with the victim and that the defendant did not have any criminal record exceeding the fine, a favorable circumstance should be taken into account.

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