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(영문) 서울북부지방법원 2017.02.15 2016고단4362
특수협박
Text

A defendant shall be punished by imprisonment for 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

On September 23, 2016, on the ground that the new construction work of the victim D's house located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City is not in mind on the front of the victim D's house in front of the house, the defendant has a knife with a knife for the main knife (30cm in total length, 18cm in knife) that is dangerous for the victim, and there is no Seoul.

The death will be discarded.

The term "Seng Sea-Jak Sea-Jak" was called "Seng Sea-Jak Sea-Jak

Accordingly, the defendant carried a knife, a dangerous object, and threatened the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the blades of seized articles;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the recommended punishment (any person who habitually commits a repeated crime, special intimidation) (one year and six months) (any person who is subject to special sentencing).

3. The fact that the degree of intimidation on the sentence of punishment is grave, that the crime is denied, and that the fact that the family protective disposition was issued on two occasions by assaulting the spouse with a deadly weapon around 2015 is disadvantageous.

On the other hand, it is more favorable that there is no record of punishment exceeding fine after 1964.

In light of the above circumstances, the sentencing conditions, such as character, conduct and environment, etc. of the defendant, the punishment as ordered shall be determined.

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