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(영문) 서울서부지방법원 2019.10.18 2019고단2545
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2017, the Defendant was sentenced to one year of imprisonment for habitual larceny, etc. at the Seoul Western District Court, and completed the execution of the sentence on October 3, 2018.

【Criminal Facts】

On May 28, 2019, at around 15:00, the Defendant 15:00 won of the Eunpyeong-gu Seoul Metropolitan Government 2nd floor “C,” under the influence of alcohol, and applied to the hospital to the doctor C, “it is difficult to avoid physical disorder,” but the doctor took a written request and finished the medical treatment. However, the Defendant continued to put the doctor’s name on the face and side of the victim D (the 43th, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.).

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (on-the-spot visit and interview between victims), investigation report (the testimony of an excursion ship) and investigation report (the hearing of statements by a victim D telephone);

1. Investigation report (a photo, etc. attached to a suspect's knife photo, etc. marked with a hospital); and

1. Previous convictions indicated in the judgment: A criminal investigation report ( Results of suspect's search), results of suspect search, criminal records records, inquiry reports, investigation reports (report attached to data on the current status of confinement for each individual), application of Acts and subordinate statutes to the status of confinement for each individual;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One month to fourteen years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. Determination of sentence;

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