특수협박등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
At around 22:30 on December 13, 2019, the Defendant: (a) was in the inn of the victim D(64) of the building B in Ulsan-gu building C, Ulsan-gu; (b) the Defendant was unable to receive money from the victim on the ground that he was unable to receive money from the victim; and (c) the Defendant was threatened with the victim by carrying dangerous articles by threatening the victim by taking a knife knife that he had been prepared for the victim on the part of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Imprisonment with labor for one month to seven years;
2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation [the elements of mitigation]: Where the offender is not subject to punishment (including serious efforts for recovery of damage) or has been recovered from considerable damage (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months through one year;
3. Determination of sentence: The sentence shall be determined as ordered, in addition to the sentencing circumstances of the accused as set forth below six months of imprisonment and two years of suspended sentence, taking into account all the circumstances shown in the pleadings of this case, such as the age, character and conduct, environment, motive and background of the offense, and circumstances after the crime.
D. Unfavorable circumstances: (a) the Defendant had a highly and planned dangerous object to meet the obligation of the victim, threatened the victim, and used force against the victim; (b) in light of the details, motive, content, method, and form of the instant crime; (c) the nature of the crime is heavy; (d) the possibility of criticism is high; and (e) the Defendant had a number of punishment records, such as serving the Defendant as a crime related to violence, and (e) the same type of punishment is repeated.