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(영문) 울산지방법원 2021.02.05 2020고단1229
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 22:00 on February 17, 2020, the Defendant: (a) expressed that he would throw away knife knife (27cm in total, 14cm in length) from his own dwelling room of Ulsan-gu apartment apartment C, Ulsan-gu, Seoul-gu; and (b) expressed his knife knife as the knife knife knife knife knife knife knife knife knife knife.

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

2. At the time and place mentioned in paragraph 1, the Defendant assaulted the victim’s left knife by using the victim’s hand alone after leaving the knife in one knife on the floor.

Summary of Evidence

1. The legal statement of the defendant and witness D;

1. Application of statutes to photographs, reports on emergency measures and decisions on temporary measures related to the case;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

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

A. Group 1 Crimes (Special Intimidation) (Special Intimidation) No. 1 Crimes (Special Intimidation) / [Type 4] No person who is subject to repeated crime or special intimidation [Special Sentencing] [the territory of recommendation and the scope of punishment], the basic area of the crime, April of imprisonment through June;

B. No. 2 Crimes (Assaults) [Determination of Type] Violence / [No. 1] General Violence / [Special Sentencing] [Scope of Recommendation and Recommendation], Basic Field of Crimes (Scope of Recommendation and Recommendation], February / October 10

(c) Scope of punishment recommended according to the standards for handling multiple crimes: April to November 1 (the maximum of crimes No. 2).

3. Determination of sentence: Imprisonment with prison labor for not more than four months and suspension of execution for a year;

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