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(영문) 울산지방법원 2020.05.28 2019고단3248
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

The Defendant: (a) around 00:59 on July 12, 2019, the Defendant: (b) 1: (c) 1: (a) the victim D (the age of 18) who was drinking alcohol at “C,” located in Ulsan-gun B, Ulsan-gun, had her desire to do so to the Defendant while under the influence of alcohol; (b) purchased a fluoral disease at the Flock located in E; and (c) 1: (d) the fluoral disease, which was discovered and cited by the victim in the vicinity, purchased the fluoral disease from the Flock; and (d) the fluoral disease, which is a dangerous object after breaking the fluoral tree, caused the fluoral disease to the victim.” (b) The latter part fluoring the victim and threatening the victim to the fluoral disease by driving away the victim and threatening the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Application of field photographs, investigation reports (Attachment of CCTV images on the case site), CD 1 statute;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended sentence, the defendant has a criminal record of a violent crime, 2 years of suspended sentence, and the crime of this case has been committed on the ground that the victim pointed out the disturbance of the defendant, and the nature of the crime is not good and is highly dangerous. On the other hand, the defendant recognized the crime and agreed with the victim smoothly, and the defendant threatened the victim by contingency.

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