특수협박
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
The defendant is a person who resides in the neighbor of the victim B.
On June 5, 2016, the Defendant: (a) around 12:00, around the victim’s residence in Nam-gu Incheon Metropolitan City C; (b) on the ground that noise was generated in the course of the victim’s works for repairing hulled rice, and (c) on the ground that noise was generated in the course of the victim’s works for repairing hulled rice during the one-month period; and
“Armony” has reached a sound.
The defendant shows that the victim does not open the gate, and that the transition amount ( approximately approximately 23 cm in total length, approximately 13 cm in blades) which is a dangerous object possessed by the main machine, is displayed to the victim, and the death of the Bpon shall be discarded.
The victim said that “I would like to die” and “I would like to die, I would like to do so,” and said that I would like to get 12 report of the defect.”
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. B written statements;
1. Application of statutes on records of seizure and lists of seizure;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48(1) of the Criminal Act;
1. Application of the sentencing criteria [Scope of the recommended punishment] types 4 (Habitual, repeated, and special intimidation) (4 months to 1 year) and the area of mitigation (4 months to 1 year) (special mitigation factors) and no penalty is imposed;
2. The crime of this case, which was determined to be sentenced, refers to the Defendant’s intimidation of a dangerous object without any special reason, and thus is highly likely to cause danger and criticism, the Defendant agreed with the victim, the Defendant was under long-term medical treatment due to alcohol dependence, depression, etc., and all kinds of sentencing recorded in the records, such as the Defendant’s age, occupation, sex, environment, developments and motive leading to the instant crime, and circumstances before and after the instant crime.