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(영문) 부산지방법원 2019.10.10 2019고단2457

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 28, 2019, at around 05:00, the Defendant made a dispute with the victim on the ground of drinking alcohol in the house of the victim D (n, 30 years of age) who was female-friendly job offering victim D (n, 30 years of age) located in the Busan Jin-gu B building C, and made it difficult to do so. On May 28, 2019, the Defendant used a knife (m, about 20 cm in length, about 30 cm in length, and about 30 cm in length), which is a dangerous thing in the kitchen in the kitchen, and made a threat to the victim’s life and body, if the Defendant does not accept the Defendant’s demand.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the mitigated area (two to one year), the mitigated area (including specially mitigated persons), the punishment not (including serious efforts to recover damage), or considerable damage has been recovered from the mitigated area (two to one year), or a considerable part of the sentencing guidelines, for the crime of intimidation (Scope of recommending punishment).

2. Determination of sentence shall be sentenced like the order, taking into consideration the fact that the accused has led to the confession of all crimes and has divided his mistake, has received a letter of tolerance from the victim, has no record of criminal punishment except for those sentenced three times to a fine for the same kind of crime, and the age of the accused, economic situation, etc.