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(영문) 울산지방법원 2018.07.04 2018고단1213
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant and the victim C(25 years) are using workplace volunteer houses and employees accommodation together.

On April 17, 2018, the Defendant shouldered the Defendant and the victim’s accommodation in Ulsan-gun D, Ulsan-gun on April 17, 2018, at the night, the victim, and “nicking the Defendant’s internal gate to the company.”

The phrase “outwards from the victim,” but the victim was able to take knife the knife, which is a dangerous thing that had been in possession of the knife in advance, knife the knife of the knife (22 cm in the knife) and the close close to the victim;

Italy Liberia

The phrase " was frightened."

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

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

1. The sentencing criteria [Scope of recommended punishment] Class 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) (4 months to one year) of the mitigation area (person subject to special mitigation) shall not be punished;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: The circumstances in which the injured party does not want the punishment of the defendant by agreement with the injured party that he/she made a statement that he/she is confession and in depth: The records of the same crime in most dangerous crimes are reasonable.

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