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(영문) 울산지방법원 2019.09.19 2019고단2294

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 22:02 on May 12, 2019, the Defendant: (a) while drinking alcohol in the Defendant’s residence near Ulsandong-gu B (hereinafter “D”); (b) opened a window with a sound from the restaurant near the above restaurant while drinking alcohol in the Defendant’s residence; and (c) immediately after that, the unsatisfing person thought that the unsatisf was the guest of the above restaurant, the unsatisfing person, and the unsatisfing person was considered to be the guest of the above restaurant; (d) by taking the kitchen knife ( approximately 32 cm in total length, about 20 cm in knife length, about 20 cm in knife) in his hand, the Defendant threatened the said restaurant with the victim “hing, the kniffing person who satn and sating, who she must take the first and second class of the restaurant, and the satisf.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1));

1. Probation Orders under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;