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(영문) 광주지방법원 목포지원 2020.01.31 2019고단881
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

The Defendant is between the victim D (n, 40 years of age) who operated the mutual title of “C” located in Sinpo City B and the victim D (n, 40 years of age).

The defendant, while taking part in the dispute with the victim, has recently been faced with the dispute, and he tried to see "in the process of living with the victim who caused the question," and to find out the head of the door operated by the victim to threaten the victim.

On July 26, 2019, at around 23:08, the Defendant: (a) cited gasoline cryp, which is a dangerous object that was prepared in advance in the above heading house, and displayed it to the victim, and (b) called “the dead person who died and died,” thereby threatening the death.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E, F, and D;

1. Police seizure records;

1. On-site photographs and investigation reports (verification of CCTV images);

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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. Social service order under Article 62-2 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 recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, community service hours for 80 hours;

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