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(영문) 대전지방법원천안지원 2020.09.21 2020고단1509
특수협박
Text

A defendant shall be punished by imprisonment for four 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

At around 03:50 on April 19, 2020, the Defendant: (a) held a knife for kitchen (the total length of 30cm, 20cm) which is a dangerous thing in the main room on the ground that there was a large amount of drinking value in the “Drife Drife” operated by the victim C (Wrife, 41 years old) located in Dongnam-gu, Dongnam-gu, Seoul; and (b) stated that the Defendant “Crife knife knife knife knife knife knife knife knife knife h

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than seven years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than four months but not more than one year and six months (decision of a type): Reference areas where no repeated crime, special intimidation (special intimidation) exists (the scope of recommendations and recommendations): April to June.

3. The Defendant rendered a sentence of sentence, on the ground that he had a large amount of drinking value while drinking alcohol at the victim’s shop, threatened the victim with a knife in that place.

At the time of the crime, a knife is carried with a knife and the risk is so high that the crime is not good.

However, the defendant seems to have led to confession and reflect on the crime of this case.

It seems that a person has committed any contingent crime under the influence of alcohol.

In addition, the defendant's age, character and conduct, the motive and circumstances of the crime of this case, the means and result of the crime, the circumstances after the crime, and other factors of sentencing as shown in the records and arguments of this case shall be determined as ordered.

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