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(영문) 울산지방법원 2017.06.15 2017고단1641
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) on March 5, 2017, at a “D” restaurant operated by the victim C in Ulsan-gu, Ulsan-gu, Seoul-gu, (b) around 19:40 on March 5, 2017, the Defendant, under the influence of alcohol, breadd the victim without any reason, with the intent of “YY,” “YY,” etc., and cut down as snicked, which is a dangerous object on the table, with the face of the victim.

In this respect, the defendant threatened a person by carrying dangerous objects.

2. The Defendant damaged property at the above date and at a place, without any reason, destroyed that the cafeteria wooden partitions of the victimized person was laid on the floor by hand, and the repair cost of KRW 180,000 was 18,00,000, and the said TV screen was put on the television screen continuously, and the said TV screen was 504,50,000,000.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of written estimates and receipt statutes;

1. Article 284, Article 283 (1), and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act) has the history of having been punished several times for the same violent crimes, including the suspension of execution twice for the same kind of violent crimes, as well as the risk of recidivism. However, considering the fact that an agreement with the victim has already been made, the degree of damage as shown in the records and arguments, the degree of reflectivity, and the circumstances

1. The purport of Article 62-2 of the Criminal Act / [Judgment on the Defendant’s assertion] was to the effect that the Defendant was physically and mentally weak at the time of committing the instant crime.

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