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(영문) 부산지방법원 2020.11.19 2020고단3033

특수협박등

Text

A defendant shall be punished by imprisonment for six 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

1. On May 17, 2020, at around 14:12, 2020, the Defendant assaulted the victim’s body by pushing the victim’s hand and shoulder with his hand on the ground that the victim C talked that oil is sand sand on the boiler on the boiler rooftop in the above residence, on the other hand, on May 17, 202.

2. At around 16:45 on June 28, 2020, the Defendant discovered the victim C for the foregoing reasons, and cited the transition (10cm in blade length) which is a dangerous object in his/her own residence, as a knife hand, and told the victim that “I am Chewing, I am am off, I am am off, I am am off, I am back, I am back, I am am knife, and knife knife.”

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s written investigation report and fieldCCTV investigation -

5.17. Violence, Investigation Report (on-siteCCTV Investigation -

6.28. Special Intimidation

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to four months and six months;

(b) No. 2 crime (determination of types of violence) (decision of types) and violence crime [No. 1] general violence [no. 1] shall be recommended area and recommended punishment.