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(영문) 부산지방법원 2020.02.11 2019고단6004
특수협박
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

The Defendant is “B” delivery personnel, and the victim C (ma, 40 years of age) is a person operating “B”.

On November 5, 2019, at around 13:15, the Defendant sent a notice of the prohibition of attendance at the office of “B” located in Geum-gu, Busan, on the street, and received from the prior victim notice of the prohibition of attendance due to bad working attitude, etc., and then sent the Defendant’s telephone to the employees of the office with the same content as “inward and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn if.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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 Criminal Act;

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

1. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

2. It is so decided as per Disposition in full view of the following: (a) the agreement with the victim on the sentence; (b) the violation of one’s mistake; (c) the motive and background of the crime; and

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