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(영문) 창원지방법원 통영지원 2021.03.25 2020고단1022

특수협박

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a neighbor of the victim B ( South, 54 years old).

On August 3, 2020, the Defendant, at the front of the Defendant’s residence located in Gosung-gun, Gosung-gun, Gosung-gun on August 12, 2020, sought a protest from the damaged person in relation to the Defendant’s bringing about the Defendant’s desire to the victim before this mold.

At all times, he/she shall be able to do so first.

“...” The main knife knife knife, which is a dangerous thing by hand, was knife knife knife of the victim’s knife knife knife knife twice the part of the victim’s knife, and the part of the knife knife knife knife, which is a dangerous thing by hand. In addition, the knife knife knife knife knife knife, knife knife knife knife knife

”라고 말하고, 이에 피해 자가 피해자의 주거지로 돌아갔다가 약 10분 후 다시 피고인의 주거지로 돌아오자 위험한 물건인 활( 총길이 약 125cm) 을 집어 들고 화살을 찾는 듯한 태도를 취하면서 “ 쏴 버릴까.

“.....”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement protocol and statement protocol (second time);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes [specific intimidation (special sentencing factors]] and special intimidation (including serious efforts to recover damage)]: In the area of mitigation of punishment (including the territory of recommendation and the scope of the recommended punishment], in the area of mitigation of imprisonment with labor for two months through one year;

3. Determination of sentence: April of imprisonment with prison labor, the developments leading to the instant crime in one year of suspended sentence and the extent of damage resulting therefrom, and in particular, the goods used by the Defendant for intimidation are the same as their knife and vitality.