(영문) 서울남부지방법원 2019.07.23 2019고단2564

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자간(%)

(영문) 서울남부지방법원 2019.07.23 2019고단2564

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2019, at around 01:20, the Defendant, in front of the victim B (n, 52 years of age), had a kitchen knife (38cm in total length, 24cm in knife) kept in the main room of his/her dwelling, on the ground that noise damage was serious due to the victim living in his/her upper floor before the victim's entrance of the Guro-gu Seoul CHousing Dho Lake, which is a residence of the victim, and had a entrance door of the victim's dwelling, opened a door, and opened a door, "hick, sound knife the kitchen knife of the victim, which is a dangerous thing for the victim who opened the front door, and threatened the victim."

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

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

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of recommendations according to the sentencing guidelines [decision of types] the basic area of recommendations [Article 4] that there is no repeated crime, special intimidation (special sponsing persons] (the scope of recommendations and recommendations], and April through January 16 months;

2. Determination of sentence: The defendant instructs noise between floors, and finds a victim living on the upper floor, threatening him/her with the kitchen knife, and the crime is not good in light of the details of the crime and danger;

However, the sentencing conditions specified in the arguments and records of this case, including the fact that the defendant is against the defendant, the victim does not want the punishment against the defendant, the fact that there is no record of criminal punishment, and the defendant's age, character and conduct, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc.,

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