(영문) 울산지방법원 2019.09.25 2019고단1695

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(영문) 울산지방법원 2019.09.25 2019고단1695

특수협박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 07:55 on March 26, 2019, the Defendant threatened the victim by stating, “The victim C(35 years of age) was dead, dead, dead, dead, knife, knife the victim’s head, knife the victim’s face, knife the victim’s face, knife the victim’s face, and knife the victim’s knife ( approximately 33 cm in total length, approximately 20 cm in knife) that was in danger on his/her knife, and knife the victim’s face.”

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement of C or D;

1. The photograph of deadly weapons;

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act which choose a penalty;

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

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

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

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. Determination of sentence shall be made as ordered in the range of recommended sentence according to the sentencing guidelines, comprehensively taking into account all the circumstances revealed in the records, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, etc., that the defendant has led to the confession of the crime in this case and is divided into several occasions, that the victim does not want the punishment of the defendant, and that the victim does not want to do so, and the punishment

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