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(영문) 울산지방법원 2020.10.21 2020고단3038
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On June 15, 2020, at around 09:26, the Defendant took a look at “D” convenience stores operated by the victim C (n, 53 years of age) in Ulsan-gu B, Ulsan-gu, and took a bath at the new wall to drink from the victim F (n, South, 38 years of age) who is the operator of the E-cafeteria located at the convenience store with the victim C and took a bath, and went back to the convenience store again with the convenience store.

The victim C set the door of convenience store and set a knife the knife in the “E” restaurant operated by the victim F, and the Defendant called the “E” restaurant operated by the victim F, “I will die with kniff, kniff in the knife, kniff in the knife knife knife knife,” and continued to be the victim’s threat in the vicinity of the “H restaurant located in G in the vicinity,” the victims discovered the victims in E and in the above place “Iknife knife kniff in the knife knife knife knife” and threatened the victims.

Summary of Evidence

1. Application of the defendant's legal statement C, each police's statement made to F, to the application of the existing Acts and subordinate statutes of 1 Saudik (No. 1) which is seized;

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

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

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and violent crime [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation), the basic area of crime, 4 months to 16 months of imprisonment;

B. Second Crimes (Special Intimidation) (Determination of Punishment) and violent crimes.

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