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(영문) 제주지방법원 2020.02.06 2019고단2350
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for 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

피고인은 2019. 9. 8. 02:08경 제주시 B에 위치한 C 주자장에서 피해자 D(32세)와 주차 문제로 말다툼을 하던 중 화가 나 바닥에 내려두었던 낚시용 아이스박스 옆에 꽂혀 있던 칼집에서 식칼(칼날길이 약 20cm, 전체길이 약 32cm)을 꺼내 손에 쥔 채 피해자에게 달려들어 위협하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The application of Acts and subordinate statutes on 112 reported case processing lists, field photographic materials, and investigation reports (CCTV);

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 48(1) of the Confiscation Criminal Act is a dangerous element of the crime, referring to the knife knife knife knife knife knife knife knife knife knife knife knife knife kn

However, it is advantageous to the fact that the defendant recognized the facts charged and is against the defendant, that the defendant has no record of criminal punishment, and that the defendant agreed with the victim.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] Crimes - Special Intimidation: Violence Crime Group, Intimidation Crime, Type 4 (Special Intimidation for Cumulative Crime), Non-Crime of Punishment, etc.

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