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(영문) 대전지방법원 천안지원 2017.10.20 2017고단1553
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a foreigner of the nationality of the People's Republic of China, and is working for a manufacturer of automobile parts located B in ASEAN.

On June 24, 2017, around 19:45, the Defendant 19:45, in front of Asan City, and on the ground that the victim E ( South, 14 years old) and the fests to talk in the street, the Defendant’s dwelling area of the Defendant’s knife a transition (9.5cm in length, 19.5cm in total length) that is a dangerous object on the Defendant’s dwelling knife, knife the victim’s knife, knife, and knife.

The escape refers to "the victim" and the victim was threatened by carrying dangerous objects which drive about 100 meters away from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written victim's self-written statement (E), and a witness's self-written statement (F);

1. Application of related Acts and subordinate statutes to photographs;

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 48(1)1 of the Criminal Act;

1. The basic area (six months to one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (six months from one year to six months) of the crime committed by intimidation;

2. Determination of sentence: (a) the Defendant saw excessive punishment, driving away, and threatened the victim; (b) the method of committing the crime is very dangerous; and (c) the nature of the crime is very high in that the subject of the crime is a middle student.

There is no agreement with the victim.

However, the defendant recognizes his mistake and is against his will.

No criminal punishment shall be imposed in the Republic of Korea.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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