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(영문) 제주지방법원 2020.09.10 2020고단1735
특수협박
Text

A defendant shall be punished by imprisonment with prison labor 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

On June 27, 2020: (a) around 00:15, the Defendant: (b) 00:15 on the Jeju-si B and the first floor, while drinking alcohol in the “D Amusement tavern room” operated by the victim C (n, 53 years old); (c) provided the Defendant with “inciting the Defendant’s desire to do so;” and (d) requested the Defendant to “the Defendant to do so”, the Defendant taken a knick-type portable knive knife (13.5 cm in total length, approximately 6 cm in length) that is a dangerous thing in his possession, and threatened the victim with the knife’s knife as the victim’s knife knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes concerning 112 reported case handling lists, records of seizure, list of seizure, and related photographic materials;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the ground of sentencing of Article 48(1) of the Confiscation Criminal Act, the instant crime is an unfavorable circumstance in light of the method of the crime, where the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knifes

However, it is advantageous to the fact that the defendant recognized the facts charged, the defendant agreed with the victim, and the defendant is the first offender who has no record of criminal punishment.

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

[Sentencing Criteria] Crimes - Special Intimidation: Violence Crime Group, Intimidation Crime, Type 4 (Special Intimidation for Cumulative Crime), Non-Crime of Punishment, etc.

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