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(영문) 수원지방법원안양지원 2020.09.17 2020고단1116

특수협박

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 01:50 on May 31, 2020, the Defendant, without any reason, brought the victim C, who was in a currency in front of the Mayang-si B building in Ansan-si, Annyang-si, with the exception of any reason, “Infinite, finite, finite,” and, at the same time, brought the transition (24.5 cm in total length, 13.5 cm in length, 13.5 cm in length) which is an object dangerous in the prime machine, to “Infinite, finite, finite.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the records of seizure and the written statement and photographs of the list C;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture of Article 62-2 of the Criminal Act of probation and community service order;

1. The scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommendations according to the sentencing guidelines (decision of types of punishment), violent crimes, Type 4 (Scope of Recommendation and Recommendation), basic area (Scope of Recommendation and Recommendation), and April through June of imprisonment.

3. Determination of sentence: Determination of sentence: Ten months of imprisonment with prison labor and two years of suspended sentence shall be imposed on the defendant for the same kind of crime, and there shall be records of having been punished several times for violent crimes. However, in light of the circumstance that the victim does not want the punishment of the defendant and the circumstance that the victim is continuously receiving medical treatment as to the proof of alcohol ozone, the punishment shall be determined as ordered;