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(영문) 부산지방법원서부지원 2020.08.25 2020고단1336
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 14:30 on June 2, 2020, the Defendant threatened the victim C (Woo, 11) located in the Busan YY-gu, Busan YY-gu, with a knife knife (20cm in length) that is a dangerous object on the ground that the victim’s opening was sliffingly prevented, and the victim’s opening a knife knife (20cm in length), and then threatened the victim as to the victim’s opening up 20 minutes.

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

2. The Defendant: (a) was released from the first floor of C’s residence on the ground that the victim did not open the door at the time and place specified in the preceding paragraph; (b) was broken by the knife of the knife k’s knife, which is a dangerous object carrying one copy of the common sense of view (a.e., 70cc., 75cc.) where the victim’s D’s co-owned market price cannot be known.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Application of the police's written statement of statement C to the defendant's legal statement, the police photographic, and the Acts and subordinate statutes governing the damaged common glass photo;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 366 of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant’s opening of the victim residing in the same apartment house is prone and slickly prevented, thereby threatening the flicker victim, impairing the common co-stigious glass of the apartment house, and thus, the nature of the crime is not very high in the danger, etc.

However, the defendant recognizes the crime of this case and reflects it, and the injured party wishes to punish the defendant in consultation with the injured party.

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