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(영문) 수원지방법원성남지원 2020.12.03 2020고단2442
특수협박
Text

A defendant shall be punished by imprisonment for six months.

except that 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 09:00 on June 20, 2020, the Defendant threatened the victim C (the 62 years of age) who is the birth of the former wife of the Defendant on the ground that he did not inform the former wife of the location of the Defendant’s front wife, or threatened the victim (the 30cm in total length, 20cm in length, 10cm in length, 20cm in length). However, the Defendant threatened the victim by displaying the above improvement to the surrounding fireworks.

Summary of Evidence

1. The defendant's partial statement C and D's respective legal statements;

1. Statement of the police statement regarding C;

1. Application of 112 reported case handling lists, field photographs-related Acts and subordinate statutes;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Procedure (Article 62(1) of the Defendant’s Act) asserts that, at the time of the instant case, the Defendant merely served as a obsiver with the Defendant’s infinite at the time of the instant case, there was no intention to threaten the victim. However, the victim made a statement from the investigative agency to the instant court that the Defendant would kill himself and die himself while playing the right at the time of the instant case. The above statement is consistent and specific, as well as consistent and consistent with D’s statement at the time of the instant case. Considering the above facts of recognition, it may be sufficiently recognized that the Defendant had served with the intent of intimidation against the victim at the time of the instant case.) The reason for sentencing of sentencing was that the Defendant, who is a dangerous article, was threatened by the victim.

In addition, even though the victim suffered or did not suffer injury due to the instant case, there have been a lot of risks by exposing and threatening the improvement, which is a dangerous object, and due to this, the victim seems to have suffered mental shock. In light of the unfavorable circumstances, the Defendant was faithfully living without the record of punishment for the last two years since 2007.

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