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(영문) 광주지방법원목포지원 2020.09.15 2020고단234
특수협박
Text

A defendant shall be punished by imprisonment for six 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 23:30 on November 30, 2019, the Defendant, on the ground that the response of the victim D (Nam, 21 years of age) who is an employee of the Defendant at the “C” restaurant located in Shapo-si B, made it difficult for the Defendant to take back the knife (the total length is 38 cm, the day is 24 cm) of the Defendant parked outside the restaurant, and threatened the victim with the knife with the knife, “A knife, this knife, the knife, the knife, the day is 24 cm.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement report to D and E of the investigation records, field photographs, pictures of seized objects, seizure records (any submission), seizure list, internal investigation report (related to the F related witness), investigation report (C related to external CCTV images), CD 1, and Acts and subordinate statutes that report the results of investigation to D and E;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Intimidation] for mitigated factors: Where the degree of intimidation is insignificant (type 1, 4, and 5] (the area of recommendation and the scope of recommended punishment]; the area of mitigation of punishment; two months through one year;

3. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence (any of the conditions for sentencing specified in the records and arguments, including the circumstances leading to and after the commission of the crime, as well as the circumstances leading to the commission of the crime, considering the following circumstances: The degree of imprisonment with prison labor and the risk of the act committed in the knife, which is a dangerous object, under the circumstances unfavorable to the contrary, there is no excess amount of fine, and there is no excess amount of fine, and reflects the mistake);

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