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(영문) 서울남부지방법원 2018.01.25 2017고단5983
특수협박
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:10 on November 13, 2017, the Defendant himself/herself boarded on the road front of the dwelling of the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government.

C Along with the victim D(57) who is a driver of a taxi, the taxi driver of the taxi, who was demanded a taxi fee from the victim D(57) and entered his/her residence and was in his/her place of residence, and knife knife (30 cm in total length, 20 cm in length) and threatened the victim and the victim as if they were.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Protocols of seizure and the present presence of seized articles;

1. Application of CCTV CD-related statutes;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment and the basic area (from June to June) of the four types (Habitual, repeated, and special intimidation) shall not be subject to any special sentencing:

2. Determination of sentence: (a) the Defendant cited a knife on the victim who was waiting for the payment of the difference or failed, and committed a threatening behavior; (b) the victim who appeared in the court was able to go against his will; and (c) the victim was able to go against his will; and (d) the victim was able to go about; and

The fact that it is difficult to see that the victim was the victim who entered the door by opening the door, and he was the victim.

The fact that the victim wanted to punish the defendant's severe punishment, and that the defendant has been punished as an injury in the Republic of Korea is an unfavorable condition to the defendant.

However, the fact that the defendant seems to have caused a very knife and did not act very aggressively, and that he is engaged in his occupation while living together with his female students, etc. is favorable to the defendant.

In these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Code, such as the defendant's age, occupation, and family environment.

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