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(영문) 서울남부지방법원 2019.06.26 2019고단2174
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 (knife) shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 17, 2018, the Defendant was sentenced to a suspended sentence of three months of imprisonment with prison labor for assault, etc. at Seoul Southern District Court on March 17, 2018, and the said judgment became final and conclusive on October 25, 2018, and is currently under suspended execution.

At around 15:15 on April 27, 2019, the Defendant: (a) sent the victim B (year 55) who was charged with the events in Ansan-gu, Yangcheon-gu, Seoul, Yangcheon-gu, 871-37, the Defendant threatened the victim by carrying a dangerous object, i.e., a dangerous object that the victim was in his possession, on the ground that he resisted the victim B (year 5) who was charged with the event that he resisted in the event that he resisted the victim B (year 5) in the event that he resisted the knick-gu, Yangcheon-gu, Yangcheon-gu, Yangcheon-gu, Seoul, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement concerning C and D;

1. B written statements;

1. Police seizure records;

1. Existing presence under subparagraph 1 of this Article;

1. Before judgment: References to criminal records and investigation reports (Attachment to judgment on the relevant case committed against violence) shall apply to statutes;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] There is no person who has no basic area (4 to 1.6 months) (4) [4 to 1.6 months] (the decision of sentence] [4] of the crime of intimidation under Article 48(1)1 of the Confiscation Criminal Act. Although the defendant was punished for the same kind of crime in the past, he again committed the crime in this case during the suspension period of execution of the same crime even though he was punished for the same crime in the past. In light of the method and circumstances of the crime, it

However, considering the fact that the defendant suffers from mental difficulties due to alcohol existence, depression, dementia, etc., various conditions of sentencing, such as the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, economic conditions, etc., are comprehensively taken into account.

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