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(영문) 의정부지방법원 2018.04.05 2017고단5576
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On October 10, 2017, the Defendant had a knife (35cm in total length, 23cm in length) with a knife (25cm in length) which is a dangerous thing in the air where he/she had a knife dispute with the victim D (n, 22 years of age) who is an employee in the CPC room B, around 07:35 on October 10, 201, and “nife the knife is the same.”

“I would like to write the Defendant’s hand on the table, write the hand on the knife with the upper knife, put the knife, put the knife on the knife, put the knife to the knife, put the knife and put the knife, and

“The threat was made”.

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

2. From around 08:05 on the same day, the Defendant: (a) arrested the business owners and employees of the above PC room in front of the above PC room as the current offender and damaged the vehicle repair cost of approximately KRW 405,216 by walking the back of the above patrol vehicle in the course of carrying the patrol vehicle.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D (the defendant asserts that the victim does not have a knife the knife, but the above facts are recognized in light of the victim's consistent statement, etc.)

1. E statements;

1. Application of Acts and subordinate statutes to the photographs and investigation reports (Submission of written estimates for repair of patrols) damaged by radiation failure;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (special intimidation, choice of imprisonment), and Article 141(1) of the Criminal Act (damage to public property, and choice of imprisonment);

1. Grounds for sentencing of Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Punishment of Crimes) of the said Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of recommended punishments according to the sentencing criteria: Imprisonment with prison labor for not less than six months nor more than two years.

(a) First offence (damage to Goods for Public Use) (Scope of Recommendation), and the invalidation and destruction of goods for public use in the group of crimes obstructing the performance of official duties;

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