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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.04.09 2019고단8094
특수협박등
Text

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.

Reasons

Punishment of the crime

1. At around 23:45 on November 25, 2019, the Defendant: (a) considered that the Defendant’s cohabiting female D, in front of the restaurant run by the victim C (V, 58 years old) located in Dongjak-gu Seoul Metropolitan Government, is located in the restaurant, and (b) considered the Defendant’s living together with the dangerous object (the total length of 22.5cm, the knife length of 11.5cm, and No. 1) as knife knife knife knife knife knife knife knife knife knife knife the victim.

In this respect, the defendant carried dangerous objects and threatened the victim as a way to inflict harm.

2. The Defendant, at the same time and place as that of the preceding paragraph, destroyed or damaged a son’s cafeteria cafeteria, which is a dangerous object, by flabing a 10cc mume, in which the victim C’s cafeteria cafeteria was damaged by a flab, thereby damaging the market-oriented property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs of seized articles, photographs on site, and photographs at site visits;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Appointment of special intimidation and choice of imprisonment), 369(1) and 366 (Appointment of Special Materials Damage and Damage, and Selection of Imprisonment) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] Cumulative Crime, Special Intimidation (Special Intimidation) (Special Intimidation): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommendation and recommendation), the area of mitigation of punishment is subject to mitigation (the scope of recommendation and recommendation), two months to one year;

B. Crimes No. 2 (Special Destruction and Damage of Property) (Determination of Punishment). Cumulative Crime and Special Destruction and Damage (Types No. 1).

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