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(영문) 의정부지방법원 2017.11.09 2017고단3916
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

On August 10, 2017, the Defendant: (a) around 23:10 on August 10, 2017, at the E convenience point where the victim D (son, 20 years of age) works in Dongducheon-si C, and without any justifiable reason, used the knife, which is a lethal weapon (the total length of 30cm, 20cm, 20cm, mar No. 1) on the left hand of the victim; (b) taken the knife on the part of the victim; (c) taken the knife on the part of the victim; and (d) taken the knife on the part of the victim; and (e) taken the victim’s left hand, and (e) took the victim knife with the glass disease (Evidence No. 2) that is a dangerous article.

Accordingly, the defendant carried a knife, a lethal weapon, and a dangerous glass disease, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A written statement;

1. 112 A list of reported cases;

1. A investigation report (CCTV investigation) and a photograph to the video images taken;

1. Application of each existing statute of 1 Jink (No. 1) and slin Slin-slin-slin-slin-sn-kin-kin-kin-kin-kin-kin-kin

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. Determination of the Defendant’s mental disorder under Article 48(1)1 of the Confiscation Criminal Act does not appear to have reached a state where the Defendant had no or weak ability to discern things or make decisions due to any mental disorder, such as the background leading up to the commission of the crime, the means and method of the crime, and the Defendant’s behavior before and after the crime.

Reasons for sentencing

1. One month to seven years from the date of imprisonment with prison labor for a prison labor in law; and

2. Scope of the recommended punishment for the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the recommended punishment] set forth in the sentencing guidelines, types 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) [the factors of special sentencing] mitigation: Reduction area of punishment [the scope of the recommended punishment] mitigation area [the scope of the recommended punishment] 4 months to one year.

3. Determination of sentence:

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