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(영문) 의정부지방법원 2018.04.20 2017고단5260
특수협박등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. A special intimidation: (a) on October 11, 2017, the Defendant threatened the victim D (70 tax) with a dangerous object in front of the E apartment guard room working for the victim D (70) located in Namyang-si, Namyang-si, with approximately 2-3 minutes of the kitchen, and the victim was threatened with the victim by stating that “the victim will open the door and die inside the door,” with approximately 30cc of the total length of the kitchen and approximately 18cc of the blade).

2. The Defendant, at the time and place specified in the above paragraph (1) of this Article, opened a kitchen door to a guard room and set the kitchen knife in front of the kitchen room, and entered the guard room, and carried the kitchen knife into the guard room, and flab of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the preparation of victims;

1. A protocol of seizure and a list of seizure;

1. Field of the violence and photographs of the violence;

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

1. Articles 284, 283(1) (a) and 260(1) (a) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is that the defendant, while living in his house, shall carry the kitchen knicks in his house in his house and shall die without opening a door.

Intimidation, and assaults the victim by bating the victim's bat.

The defendant's act of threatening the victim by using a deadly weapon at night while driving it at night includes not only scarcity but also scarcitys that may cause serious harm to the life and body of the victim. Therefore, the social risk is high.

In particular, the defendant has been punished four times for violent crimes in the past.

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