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(영문) 창원지방법원 거창지원 2019.06.12 2019고단52
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 13, 2018, the defendant boardedd as a passenger on a bus operated by the victim B (the 48 years of age) at the 496-ro, Nam-gu, Daegu-gu, Daegu-gu, on the 196-ro. He want to see the victim's phrase "I wish to see why I will see the article later. I will see the victim's "I will see I will am and die. I will see I will am. I will am. I will am. I will am. I will am. I will am. I will am. I will am. I will am. I will am. I will am. I will am. I will am. am. I will am. am. I will am. I will am. I will am. am. I will am. am. I will am. I will am. I will am. am. I will am. I will am. you will am. you will am.......................

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

Summary of Evidence

1. Defendant's legal statement;

1. Police statements resistance against B;

1. Application of Acts and subordinate statutes on 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. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the following factors are comprehensively taken into account the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various factors of sentencing indicated in the records and arguments, including the circumstances after the crime. The sentencing range set forth in the sentencing guidelines shall be set as the order, referring to the recommended sentencing range set in the sentencing guidelines.

In light of the method of committing the instant crime in which the victim was threatened by the excessive use of dangerous things, the crime is inferior, and the defendant has the record of being punished twice as the crime of bodily injury: The fact that the defendant recognized the crime and reflects the mistake, and the defendant is stimulated.

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