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(영문) 서울북부지방법원 2016.05.11 2015고단4225
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 24, 2015, around 23:10 on September 24, 2015, the Defendant: (a) demanded the victim D (the victim South and the age of 41) who is the head of the above establishment to pay rent; (b) but the victim refused to do so; (c) made the Defendant’s refusal to do so, knife the knife, which is a dangerous object stored in the Defendant’s bank, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. D statements concerning the accused in each police suspect interrogation protocol;

1. Each written statement of D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act for community service work;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is reduced (4 months to 1 year), reduced area (4 months to 1 year), the punishment is not (including serious efforts to recover damage), or considerable damage is recovered.

3. The fact that the Defendant, who was sentenced to a sentence, possesses and uses a knife and uses a knife and uses it to threaten a person; that the knife’s knife and the knife’s knife would not have a lot of shocks of the victims adjacent to the knife that knife and the knife’s knife would have

반면, 피해자가 피고인의 처벌을 원하지 아니하는 점, 피해자가 운영하는 음식점에서 일을 하지 못하게 되자 우발적으로 저지른 범행인 점, 피해자와 70~80cm 떨어진 거리에서 회칼을 겨누며 약 1분 정도 찌르는 시늉을 하다가 바로 가방에 넣어, 회칼을 직접적으로 사용하지는 아니한 점, 범행을 반성하고 있는 점은 유리한 정상이다.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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