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(영문) 울산지방법원 2019.07.25 2019고단963

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 became final and conclusive.

Reasons

Punishment of the crime

At around 15:40 on March 6, 2019, the Defendant observed that the victim D (the age of 46) who was not good due to the noise noise problem of the Ulsan-gun B apartment C from Ulsan-gun, Ulsan-gun, and talked about the issue of noise between floors with the victim and the victim outside of the apartment complex, and putting them up as the main part of the accident, and displayed it to the victim, and as the victim shows, “Influent Ra” sound, so as to inflict danger and injury on the victim, the Defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on closure photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. Determination of sentence: Determination in consideration of the fact that the victim is a criminal who is not highly likely to pose a threat, such as the fact that the victim is the first criminal;