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(영문) 제주지방법원 2019.09.05 2019고단829

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On April 19, 2019, at the defendant's house located in Jeju Island B around 12:00, the defendant reported that the victim C (the age of 40) who was not good in the peace while drinking alcohol passed in front of the defendant's house while drinking alcohol, and expressed the victim's attitude that "C" was a dangerous object in the dwelling space, and expressed the victim's desire to be "Chotyp" and the victim's desire to be "Chop", and expressed the attitude that the victim would inflict harm on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List, related photographs, records of seizure, seizure, list of seizure, evidence of seizure, investigation report, investigation report (Attachment of seized articles and on-site photographs) and investigation report (top statement of reference D);

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is an unfavorable circumstance, where the crime of this case was committed during the period of suspension of execution after having been sentenced to imprisonment of 8 months for a crime of violation of the Road Traffic Act (driving) at the Jeju District Court on September 30, 2019, and the defendant did not agree with the victim and did not endeavor to recover from damage.

However, it is advantageous to the fact that the defendant recognized the facts charged and reflects the facts charged, and all criminal records of violence are punished by a fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case, such as the circumstances after crimes.