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(영문) 부산지방법원 2016.07.21 2016고단1652

특수협박

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On March 4, 2016, the Defendant: “C” in the Busan Shodong-gu, Busan, about 18:22, hereinafter referred to as “C”; without any reason, the victim D(53) who was mixed in the restaurant, “I will drink the alcoholic beverage here,” without any reason.

The death shall not be raised, and the death shall be discarded.

“Acker’s disease (12 cm in length on the shoulder part) that is a dangerous and dangerous thing by putting a beer’s disease (25 cm in total) into his hand and putting it into the victim’s timber, and d) “Acker’s disease (12 cm in length on the shoulder part of the shoulder)” shall be dumped into the victim’s name by spreading it into the snow. Acker’s name shall be discarded in the inside of the inner part.

“The victim was threatened by making the same speech and behavior that would inflict a bodily injury on the victim’s life and body.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site 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 stay of execution (see, e.g., favorable circumstances deemed as reasons for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act / [Scope of Recommendation] The basic area (6 months to 1 year and 6 months) of the type 4 (Habitual Offense, Habitual Offense, Special Intimidation) [decision of sentencing] / The defendant has been punished several times due to violent crimes, and the defendant again committed the instant crime during the period of suspended execution due to bodily injury. The instant crime was defective in light of the method, etc.: Provided, That among the records of the said violent crime committed against the defendant, the remainder excluding the past record of the punishment as a suspended sentence among the records of the said violent crime committed by the defendant is about 13 years, and the victim has agreed with the victim, etc.