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(영문) 청주지방법원 2018.11.22 2018고단1960
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 8, 2018, at around 02:30 around 02:30, the Defendant, within the scope of C Dormitory 303 located in Jincheon-gun B, Jincheon-gun, Jincheon-gun, ordered the victim D (36 years of age) who was diving to drink alcohol together, but the victim refused to drink two so that he/she was deprived of the disease on the floor, etc., putting the victim a shoulderer’s disease, which is an object dangerous to his/her hand, and putting the victim “oneway.”

The death shall be discarded.

D. The term “satisfat fat fat fat” was threatened.

Accordingly, the defendant carried a shouldered sicker's disease, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Reporting on the arrest of the case;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria [the scope of recommended punishment] [the scope of recommended punishment] is four types of intimidation (a repeated crime, special intimidation) and the area of mitigation (two months to one year), the punishment is not suspended (including a serious effort to recover damage), or damage to a considerable part is recovered;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

It is not good that the defendant threatened the victim who is a member of his company with a shouldered scam, and that there is a record of being sentenced once by an existing violence, etc., and that there is a little agreement with the victim.

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