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(영문) 서울서부지방법원 2020.10.22 2019고단4494
특수협박등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of a sentence shall be suspended for a period of one year and six months from the date this judgment becomes final.

Reasons

Punishment of the crime

On December 4, 2019, at around 10:35, the Defendant reported to the police immediately after assaulting the victim C (the age of 46) in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, on the road, “I will die. I will do so? I will do? I will do? I will do? I will do our behavior? I will do it? I will do our behavior?” and threatened the victim with a heavy food ( approximately 31 cm in total length) which is a dangerous object.

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

Summary of Evidence

1. The defendant's statement in court (the third trial date);

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Seizure record and list;

1. Each photograph;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

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

1. A majority of the records of punishment for the same kind of crime on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Code have been punished for the crime of special injury, and the crime of recidivism has been committed without being aware of during the period of probation of imprisonment with prison labor for the crime of special injury. On the other hand, the part dismissing the prosecution as ordered by the court below, taking into account the following factors: (a) the defendant was led to the confession of the crime and detained in one month; (b) the victim was unable to punish the defendant by mutual consent with the victim; and (c) the victim was committed against him/her; and (d) the victim was committed against him/her.

1. On December 4, 2019, the Defendant: (a) on the front road of Yongsan-gu Seoul Metropolitan Government, and on the front road of Yongsan-gu, Yongsan-gu, Seoul; (b) on the ground that the victim C (the victim of 46 years of age) who is a social welfare worker is half-yearly, the Defendant: (c) Gained the victim’s bomb with a single hand, “I will die. I will die. I will do so.”

Accordingly, the defendant assaulted the victim.

2. The above facts charged are the Criminal Act.

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