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(영문) 부산지방법원 2020.07.22 2020고단1348
특수협박
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

At around 11:00 on March 10, 202, the Defendant: (a) sought a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

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. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of violent crimes [Type 4] the repeated crime and special intimidation [Special Intimidation]: In the event that victims are fully responsible for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (the victim expresses his/her will to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to have a defendant

3. The defendant's intent to harm the defendant to the extent that the victim's decision of sentencing did not pay the amount equivalent to KRW 13 million, and there are circumstances that may be considered in the course of committing the crime, such as the defendant's suffering appears to have been caused by the failure of the victim to pay the amount equivalent to KRW 13 million.

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