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(영문) 광주지방법원 장흥지원 2018.10.25 2018고단153
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:40 on June 27, 2018, the Defendant: (a) directed the Defendant of the Victim C (55 tax) located in the South Heung-gun, Seoul (hereinafter “C”) at the residential end; (b) putting the Defendant of the day before the day with a view to unmelting the Defendant of the community hall in a clean fashion; and (c) Dad the Defendant Da with a view to the Victim’s Dah, which is a dangerous thing in the house (12 cm and 20 cm in the length of the knife) with the Defendant’s Dah “p, killed, dead, dead, and flading,” and hacked with the Defendant.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a protocol of seizure and a list of seizure, and a criminal investigation report (to attach photographs by copying DNA images and by capturing them);

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. In full view of the elements of sentencing under Article 48(1)1 of the Criminal Act for the reasons of sentencing and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, etc., the punishment as ordered shall be determined.

Corresponding factors: The defendant recognizes his mistake and reflects his mistake, and has been punished twice by a fine.

(1) Unfavorable elements of sentencing: The instant crime is a dangerous object, and threatens the victim, thereby causing serious danger to the victim’s life or body. Therefore, the criminal liability is grave, and the victim was not taken out from the victim.

(k) Sentencing Criteria [Scope of Recommendation] Class 4 (Cumulative Offense and Special Intimidation)

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