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(영문) 청주지방법원 2019.09.06 2019고단1117
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a space between the victim B (n, 25 years of age) and the victim B.

1. Around 01:00 on May 1, 2019, the Defendant: (a) heard the horses from the victim’s residence of the Defendant in the Cheongju-si Office C Building D; and (b) threatened the victim with harm to the life and body of the victim by sending back the doors of the toilet that the victim was entering the body of the victim, which is a dangerous object in which the victim was singing down, sound, and at the same time at the location of the singing counter (30cm in total length, 20cm in blade).

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

2. When the victim reported to the police with a cell phone at the time and place mentioned in the above paragraph (1), the Defendant got off the cell phone owned by the victim and got off the cell phone owned by the victim.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs, records of seizure and the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Special Intimidations, Selection of Imprisonment) and 366 of the Criminal Act concerning criminal facts;

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. 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: One month to ten years;

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

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and the elements for mitigation of repeated crimes and special intimidation (Special Intimidation) (Special Intimidation): In the area of mitigation of punishment [the area of recommendation and recommendation], the area of mitigation of punishment [the scope of recommendation and recommendation], and two months to one year;

(b) Class 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Aggravation] mitigation elements: the area of recommendation of non-compliance with punishment and the area of recommendation.

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