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(영문) 수원지방법원 2019.08.12 2019고단2110
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 22, 2019, the Defendant: (a) around 16:14, on the ground that the result of the repair of the cargo vehicle operated by the Defendant at the K customer center in the Geung-gu B and 1st, Geung-gu, Gyeonggi-si, Gyeonggi-do, on the ground that the result of the repair of the cargo vehicle operated by the Defendant does not appear in mind, the Defendant cited gasoline 10 L and string, which is a dangerous object; and (b) on the victim D (the said company’s staff) who was working in the said place, “Wek for high-ranking persons. Unless otherwise, gasoline will be sleeped on the body of the Defendant with a fire and s

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph by cutting a CCTV image;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is likely to lead to the instant crime. In light of the fact that the crime is not good, that the Defendant was punished for the suspension of execution due to the obstruction of performance of official duties in 2017, and that the Defendant did not agree with the victim, the Defendant should be punished strictly. However, considering the fact that the Defendant recognized the crime, that there are circumstances sufficiently considering the circumstances leading to the instant crime, that the Defendant actually intended to attach gasoline, and that it does not seem that the Defendant actually intended to attach gasoline, the sentence of sentence against the Defendant is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of this case including the above circumstances, the execution of imprisonment for the defendant shall be suspended, but the community service order shall be added to give the defendant an opportunity to reflect against the defendant.

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