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(영문) 울산지방법원 2020.01.15 2019고단2402
특수협박등
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

[2019 Highest 2402]

1. On June 28, 2019, the Defendant: (a) at the Ccafeteria located in Ulsan-gu, Ulsan-gu; (b) at around 17:57 on June 28, 2019, the Defendant: (c) had a knife knife (a total length of 30cm) which is a dangerous object that was under the influence of alcohol with his or her name-free customers; and (d) had a knife and “hump spared with a knife.” (e.g., a young young person) from the victim D(68 years of age); and (c) threatened the Defendant with the knife with the knife knife.

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

2. The Defendant, at the same time and at a place as the above paragraph 1, was threatening the victim with a knife as set forth in the foregoing paragraph 1, and had knife the knife deducted the knife from the person who kept the knife, and left twice the head of the victim with an empty knife.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

[2019 Highest 2402]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, such as site photographs, knife pictures, and victim image pictures;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the relevant criminal facts, and Articles 261 and 260 (1) of the Criminal Act (a point of special assault);

1. Selection of each sentence of imprisonment;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Violence ]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), the area of mitigation of punishment and recommendation [the scope of recommendation and recommendation], February through February and February;

(b) Class 2 (Special Intimidation) (Determination of Punishment).

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