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(영문) 울산지방법원 2020.04.10 2019고단3894

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for three 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

At around 02:30 on September 6, 2019, the Defendant: (a) performed drinking as a customer on the main points of “C” located in Ulsan Jung-gu, Ulsan-gu; (b) made a threat to the victim on the ground that the victim D (50 years of age) who is the customer at the place was frightful and flick; (c) made a flick, which is a dangerous object on the table, and made a threat to the victim, that the victim “I flish flick, flick, flick,” and “I flish flick, flick, flish.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, subparagraph 2 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody, etc. Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3. The sentence of this case is determined as ordered by considering various sentencing factors, including the defendant's age, environment, means and consequence of the crime, and circumstances after the crime, etc., that the defendant led to the confession of the crime of this case, the victim is not subject to the punishment of the defendant, the defendant has been punished several times due to obstruction of business, obstruction of performance of official duties, damage of property, etc.