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(영문) 서울북부지방법원 2016.04.06 2015고단4493
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2015, at around 18:45, the Defendant: (a) in the dwelling of the Defendant located in the second floor in Jung-gu Seoul Metropolitan Government, the second floor; (b) on the ground that there was a dispute over the victim D (49 years of age), victim E (n, 46 years of age) and the Defendant’s delinquency, the Defendant took a knife (31cm in length: approximately 31cm in length, 20cm in length: : 20cm in length) kept in the Defendant’s dwelling room; and (c) entered the second floor of the said house and brought the victims living in the dwelling room, and took the knife of the above knife, as the Defendant knife knife knife knife knife knife knife knife.

The term "year bit of bitbit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. A person whose sentencing under Article 48(1) of the Confiscation Criminal Act is based on the following sentencing guidelines (b) aggravated on the basis of the sentencing guidelines for each type of violence: 4. Special intimidation 4 months or 1. or 6. or 1. or 2 years from June to June: A person who is a general person who is not subject to punishment: A sentence for mitigation (non-subject to punishment): Imprisonment with prison labor for the area of mitigation: 8 months: A sentence for forfeiture; 6. 3 years of suspended sentence; 3 years of protective observation; 2 years of sentencing; the sentencing guidelines set by the Supreme Court for sentencing under the Confiscation Criminal Act; and the sentencing guidelines set by the Criminal Procedure Commission for the sentencing of the defendant, including the sentencing sentencing factors set forth below; and the sentencing factors set forth in arguments, such as the defendant’s age, sex, and family environment, are reviewed.

Aggravation: Risk of the knife's actions, the weight of the past suspended sentence (two years of imprisonment for June 2014, two years of suspended sentence, and the current invalidated), and the person who has recently increased increased criminal law inclinations, etc.: contingent crimes, confession, victim's non-existence of punishment, etc.

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