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(영문) 수원지방법원 2019.08.22 2018고단7025

특수협박

Text

A defendant shall be punished by imprisonment for four 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

around 13:30 on October 13, 2018, the Defendant received a claim from the victim C (55 years of age) to sliffe in the process of disputing the business affairs of the fee, and the Defendant collected inserted articles, which are dangerous articles in the vicinity of the construction site, in his/her hand, led the victim to the end of the victim's head, and flife the victim's head.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (to hear statements by telephone of a victim), investigation report (to hear statements by telephone of a witness);

1. Application of the law of the 112 Report Processing List to the photographic materials inserted by the suspect for the crime

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act which choose a penalty;

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

1. In light of the risk of the victim’s act that seems to have an end toward the victim’s head, the defendant’s mistake is recognized, the victim’s punishment is not imposed, the victim’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, etc., by inserting the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the victim’s age, occupation, personality and conduct, family relationship, and