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(영문) 의정부지방법원 2017.02.10 2016고단5489
특수협박
Text

A defendant shall be punished by imprisonment for four 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 person who registered a business operator under the name of the victim B (n, 48 years of age) and operated the “C” following the registration.

On September 26, 2016, the Defendant: (a) took the attitude of the victim, prior to the victim’s residence in the Gi-si, Gi-si, Gi-si, Gi-si, 302, on the ground of tax issues; (b) the victim’s notification of business closure was defective; (c) the knife knife (20cm in length) (No. 1), which is an object dangerous to the victim’s registration; and (d) the victim’s knife knife knife knife knife knife knife knife knife s

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against B; and

1. Each entry of the criminal tools and photographs, records of seizure, and list of seizure, and the application of statutes on images;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of statutory punishment] [the scope of punishment] 7 years or less [the type of determination ] 4 types of intimidation (Habitual, repeated, and special intimidation) among the violent crime groups / [the person subject to special sentencing] mitigation area: Non-won of punishment [the scope of recommended punishment] mitigation area: From April to April 1 year of imprisonment [the decision of sentence], the crime of this case in which the victim was threatened by carrying a knife knife for two years of suspended sentence for four months, was highly dangerous.

However, in consideration of the fact that the defendant led to the confession of the crime, the defendant did not have any other criminal record except the punishment due to the driving of drinking in 2008, and the victim does not want the punishment of the defendant by agreement with the victim, the sentence of imprisonment shall be imposed and the execution thereof shall be suspended.

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