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(영문) 부산지방법원 2017.01.26 2016고단7157
특수협박
Text

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

On October 29, 2016, at the D restaurant located on the 1st floor of the Busan Dong-gu Seoul building around 10:18, the Defendant cited a knife (20cm length of knife) which is a dangerous object in the main room on the ground that the Defendant would take the knife of the victim E (23 years old) who is the same workplace building, and then want to kill the victim;

Whereever, it refers to the "Woo-si kn," and the victim is driving away and threatened as a brut.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of two Acts and subordinate statutes to deadly weapons, photographs and CCTV photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) and the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [decision of sentence] The method and nature of the crime of this case are considerably poor; the defendant reflects the crime; the defendant has no criminal record beyond a fine; the defendant does not have any criminal record; the defendant's age, character and conduct, environment, etc. are determined as ordered by the order.

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