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Reasons
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(영문) 서울중앙지방법원 2018.06.18 2018고단2223
특수협박
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 28, 2017, between November 28, 2011:10 to November 20, 11:20 on the same day, the Defendant, within the “E office” office operated by the victim D (38 tax) located in Gwanak-gu, Seoul Special Metropolitan City, threatened the victim with “I will die without giving money” on the ground that the victim did not pay the smuggling wages,” and was prepared in advance, and threatened the victim with the food knife, which is a deadly weapon (32 cm in total length, 20 cm in knife, knife).

Accordingly, the defendant carried a deadly weapon or other dangerous object and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's office and each protocol concerning the examination of suspects of D;

1. Photographs of the site office in the case;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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

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. Reasons for sentencing under Article 48(1) of the Criminal Act for forfeiture [The circumstances favorable to the defendant] confession and reflect on the fact that the defendant committed an offense.

There are circumstances to consider the circumstances leading to the commission of the instant crime, and the Defendant did not receive benefits from the injured party up to now.

Defendant has no record of being punished since 2014.

The economic activities of the defendant should support his father and children.

[The defendant has been punished for a similar crime such as an injury.]

The injured shall be punished by the defendant.

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