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(영문) 광주지방법원목포지원 2020.09.25 2020고단301
협박등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

The Defendant, as the owner of the building adjacent to the “C” operated by the victim B (the age of 53), was frequently fluent with the victim on the ground that the victim’s food waste caused malodor, and the victim raised a complaint against the illegal building on the first floor of the Defendant’s building.

At around 13:40 on December 27, 2019, the Defendant: (a) requested the victim to move food waste to move the victim; (b) but the victim refused to move the phrase “.........” and threatened the victim with a knife knife knife, which is a dangerous object in the port of the ship, with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each written statement of D and E;

1. Police seizure records;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of intimidations [Type 4] the repeated offense, special intimidation [Special Convicts] - The mitigation elements: the mitigation element [including serious efforts for the recovery of damage] [the scope of recommendations and recommendations] mitigation area, imprisonment with labor for two months or one year [the general person]] [the grounds for suspension of execution] - The major pride grounds for suspension of execution are irrelevant to criminal records, and no penalty shall be imposed.

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