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(영문) 서울중앙지방법원 2018.04.18 2017고단9131
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 19, 2017, around 02:55, the Defendant: (a) while under the influence of alcohol in front of the trade name “D” located in Jung-gu Seoul, Jung-gu, Seoul; (b) while holding a knife knife with a knife knife (30cm in total length, 26cm in length) on the part of the other hand, the Defendant knife knife the knife with a knife (26cm in length) on the part of the customer E ( South, 23 years in length); (c) the Defendant knife knife knife k

N. L. L.W. Doesher superior to

Cper, stating “Ara,” by means of: (a) pushing the victim of a knife knife, which is a lethal weapon, toward the side of the victimized person; (b) thrown the victim into the said main shop; and (c) thrown the knife knife, carrying the knife on the front floor of the victim; and (d) throw the knife, stick

Accordingly, the defendant threatened the victim with a knife, which is a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Scarf photographs;

1. Application of Acts and subordinate statutes to investigation reports [The result of data analysis - H17]

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. The reason for sentencing under Article 62(1) of the Criminal Act (the reason for sentencing as follows) of the suspended sentence [the scope of recommendation] The mitigated area (4 months to 1 year) of the mitigated area (4 months to 1 year) [including efforts to recover damage] [the decision of sentencing] the decision of sentencing is heavier in that the defendant threatened the victim using a knife that is a dangerous article.

On the other hand, the fact that the defendant reflects the crime and leads to a somewhat contingent crime, and the victim does not want the punishment of the defendant.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, shall be equally considered and sentenced to the same sentence as the order.

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