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(영문) 광주지방법원목포지원 2020.11.12 2020고단300
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around February 13, 2020, the Defendant b knife the knife (17cm in total length, approximately 30cm in length, 17cm in knife) with the victim’s knife and knife with the victim’s knife, and knife the Defendant’s right knife and knife the knife with the victim’s knife in the “D” room operated by the victim C, for the reason that the victim’s knife would disregard his knife his knife and knife his knife’s knife.

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

2. The Defendant: (a) the victim refused to talk at the date, time, and place specified in paragraph (1); (b) the victim tried to leave the said place; (c) obstructed the entrance door in front of the entrance to prevent the victim from leaving the said place; and (d) the Defendant saw the victim as self-injury by the Defendant, such as Paragraph (1) above, and prevented the victim from leaving the office of the employee, by taking away the victim from his arms after driving away from the victim; and (c) forcibly pushing the victim into the employee room.

Accordingly, the defendant detained the victim for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. B’s statement and police’s statement concerning B;

1. The application of Acts and subordinate statutes to a photographic act and a report on the occurrence of a suspected crime, such as confinement, etc. (E), on-site photographs, internal investigation reports (related to attachment of photographs of a suspected self-injury), photographs of the suspected victim, internal investigation reports related to attachment of CCTV images, and to caps on CCTV images;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 276(1) of the Criminal Act and Article 276(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. The crime of violence has been committed again even if he/she was placed prior to the suspension of execution on two occasions for the crime of violence with reason of sentencing under Article 62-2 of the Social Service Order Act, and in particular, the school system at the time of around 2012.

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