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(영문) 의정부지방법원 2016.07.27 2016고단2452
특수협박등
Text

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

Reasons

Punishment of the crime

1. A special assault Defendant: (a) around December 29, 2014, around 21:20, at a “W” restaurant located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) on the premise that the victim took out money borrowed from the victim X (51 aged) as collateral and returned the vehicle; (c) he saw the victim’s flick, which is a dangerous object in the victim’s flat and flat; and (d) flatd the victim’s head flat, two times the victim’s head flat; and (d) flatd the victim’s head flat, one time the victim’s head flat, which is a dangerous object.

2. 특수 협박 피고인은 위 일시ㆍ장소에서, 피해자 일행이 피고인을 제지하여 소주병을 빼앗기자 주방에 가서 위험한 물건인 식칼 1 자루를 들고 나와 왼손으로 피해자 멱살을 잡아 탁자 위로 밀쳐 눕힌 다음 오른손에 쥔 식칼을 치켜들고 수회 반복하여 피해자를 향해 내리찍을 듯한 태도를 취하다가 식칼로 탁자를 내리찍는 등 피해자를 협박하였다.

Summary of Evidence

1. Defendant’s legal statement

1. The application of Acts and subordinate statutes to each police statement report on investigation into the statement of the Y/X (visual data - photographs of the vision blives) and to each report on dispatch to the scene of violent incidents;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act with respect to the facts of the crime, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The sentencing period of Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the recommended punishment] The mitigated area of Article 6 (Habitual, Cumulative Offense and Special Assault) [the scope of the recommended punishment] the mitigated area of Article 4 (Habitual, Habitual, Habitual, and Special Intimidation) [the scope of the recommended punishment] mitigated (4 months to 1 year] mitigated area of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes / [the person subject to special mitigation] The final sentencing scope of Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Illegal Crimes / [the sentence] When the victim head is a beer disease, which is a dangerous object for the defendant's minor reason.

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