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(영문) 수원지방법원 2016.05.02 2016고단725
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 23, 2016, at around 09:15, the Defendant, at the bus stops located in C, in front of the bus stops located in C, and at the victim D (26), victim E (19) and victim F (24) waiting for buses, sent a net value, which is a dangerous object that was carried out in C, and expressed in C, and made it a threat that it would be “Chewing,” as the victims play play, and “I will die, die, and throw away from the bus.”

The victims were threatened, such as "the dead" and a large sound.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing of Article 48(1) of the Confiscation Criminal Act is highly likely to threaten unspecified victims, citing the loss, which is a dangerous object.

In addition, the responsibility is heavy in that there are a number of violent crimes.

On the other hand, the circumstances where the facts of crime are recognized and the mistake is divided are also recognized.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings, a suspended sentence of imprisonment shall be imposed on the Defendant, but community service shall be added.

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