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(영문) 서울중앙지방법원 2020.05.28 2020고단1602
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2020, the Defendant sold goods on the front road of Jongno-gu Seoul Metropolitan Government on February 17:45, 2020, the vehicle driven by the injured party C (the age of 68) is undergoing and passing through, and the vehicle of the injured party C (the age of 68) is against the injured party and the injured party is disputed with the injured party, and the kitchen knife (the total length of 34 cm, 20 cm in length and No. 1) is a dangerous thing, and the kitchen knife knife the part of the injured party.

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes to the investigation status;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] (the type 4] violent crimes, repeated crimes, special intimidation (Special Intimidation): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment], the area of mitigation of imprisonment with prison labor for two months through one year;

2. Although the nature of the crime of this case is not good in light of the content and method of the crime of this case, which threatens the victim with the kitchen knife, which is a thing dangerous to the sentencing criteria, the punishment shall be determined as per the order within the recommended range according to the sentencing guidelines, in consideration of the fact that the victim does not want to be punished by the defendant, the defendant is against his mistake, and other conditions of sentencing, such as the age, character and conduct of the defendant and environment;

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