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(영문) 부산지방법원 2016.03.16 2015고단8632
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a relationship between the victim B (n, 46 years of age) and the victim B.

The defendant, from December 11, 2015 to 14:00 on December 12:00, 2015, within the "D coffee shop" located in Busan-gu, Busan-gu, Busan-do, the above victim hedging.

For that reason, the above victim’s face should be pushed into a knife (15cm in blades, 28cm in total length) that is a dangerous object carried by him in the newspaper, and as a knife the victim’s face over several times, “the knife the knife face.”

The knife has been used.

There is no absolute problem.

Finally, there are two or more numbers of people

“......”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the crime, the fact that there is no record of criminal punishment exceeding the fine, and the fact that the victim is not subject to the punishment of the defendant);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the type of punishment] / [the type of punishment / [the person subject to special sentencing] types 4 (Habitual, Cumulative, Special Intimidation) / [the person subject to special sentencing] - In a case where the elements subject to mitigation are not punishable (including serious efforts to recover damage), or where considerable damage has been recovered, [the scope of recommendation] mitigation area / [the scope of recommendation] four months to one year [the scope of general sentencing] - Application of reflectd elements of mitigation / [the scope of punishment] application of statutory punishment under Article 284 of the Criminal Act: From one month to seven years [the decision of sentence] imprisonment with prison labor for six months, and two years subject to suspended execution

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