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(영문) 울산지방법원 2017.03.31 2016고단4650

특수협박

Text

A defendant shall be punished by imprisonment for not more than ten 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.

Reasons

Criminal facts

On December 23, 2016, the Defendant: (a) at the “C” counseling room located in Ulsandong-gu, Ulsandong-gu, U.S. on December 16:50, 2016; (b) provided one of the food rights granted on a first-come, first-come-served basis to the victim D (n, 26 years of age) who is an employee of the Defendant; and (c) demanded the Defendant to request the Defendant to have the food rights deducted; (d) the injured party cannot only have the food rights deducted for the Defendant; (e) whether an empty knife (13 cm length of the knife) in his possession was displayed on the floor of the knife; and (e) whether an empty knife, “the victim

C. The death of the victim is "abrut", and if the defendant does not take the demand, it threatens the victim's body.

The Defendant carried these dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes attached to investigation reports and photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing guidelines [Types of Determination] - Types 4 (Habitual, Cumulative, and Special Intimidation) [person subject to Special Sentencing] - Where the element of mitigation is not subject to punishment (including serious efforts to recover damage) or considerable damage has been restored [the scope of recommendation] mitigation area / [the scope of recommendation] 4 months to 1 year [the scope of suspension of execution] major factors - Where a person commits a crime by force of a negative organization or multiple persons, or carried with a deadly weapon or other dangerous articles, or where a person commits a crime by carrying a deadly weapon or other dangerous articles, the principal factors are the same criminal records (within 5 years, more than a suspended sentence, or a fine not less than 3 times) - Major factors: The positive sources of punishment (including serious efforts to recover damage) - General factors: A person subject to suspended sentence not less than twice negative circumstances;

3. The decision-making defendant against the victim who is an employee of the welfare center for the elderly who provides meals to the same persons as himself/herself.