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(영문) 수원지방법원성남지원 2020.08.14 2020고단1395
특수협박
Text

A defendant shall be punished by imprisonment for four 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

At around 18:35 on March 30, 2020, the Defendant threatened the victim by stating that the victim “I am knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the C-Written On-Site Acts and subordinate statutes

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that this case is not good in light of the means and methods of crime, and that the victim wishes to punish the defendant, etc. is disadvantageous.

However, comprehensively taking into account all the factors of sentencing in this case, such as the defendant's age, character and conduct, occupation, environment, motive, background, means and consequence of the crime, the circumstances after the crime, etc., that the defendant shows the attitude to recognize and reflect the mistake, that the defendant has no penalty ability to impose the fine exceeding the fine, and other factors of sentencing, such as the defendant's age, character, occupation

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