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(영문) 창원지방법원 진주지원 2021.02.09 2020고단1641
특수협박
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:50 on July 14, 2020, the Defendant contacted the victims E (V, 32 years old) who are the births, and caused the defective victims and vagabonds under the above B C, among the disputes concerning D and money issues in Jinju-si B building C.

The Defendant refers to the victim who received a demand from the victim to move from the victim to the house, “influenced the victim,” and again, “the victim” refers to the victim’s horse with the victim’s driver’s hand to the end, and the victim is pushed the victim with a knife ( approximately 30 cm in total length, approximately 20 cm in length on the knife) which was dangerous to the victim’s own booming of the dispute with the victim during the dispute with the victim, such as when the victim’s hacks the part of the victim’s hacks, etc.

E. The victim threatened himself/herself.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. On-site photographs and CDs;

1. Application of the existing Acts and subordinate statutes of one kitchen (No. 1) seized kitchen knife (the total length of 30cm and 20cm in blade);

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes [specific intimidation ] and special intimidation (special sentencing person]: In cases where punishment is not permissible (including serious efforts to recover damage) or considerable damage has been recovered, the area of mitigation of punishment [the scope of the recommended punishment and the recommended punishment], the area of reduction of punishment from February to one year;

2. In full view of the records of the instant crime, including the details of the instant crime, the fact that the instant crime was committed with violence crimes, and the fact that the victim agreed with the victim, and the various conditions of sentencing as shown in the pleadings of the instant case, the sentence shall be determined as ordered.

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