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(영문) 창원지방법원 통영지원 2019.09.26 2018고단1003
협박
Text

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

Reasons

Punishment of the crime

[criminal power] On July 29, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of injury, etc. at the Changwon District Court’s Tong branch on July 29, 2016, and completed the execution of the sentence at the detention house on November 24, 2016.

【Criminal Facts】

On October 19, 2017, the Defendant was called from C, a regional violent organization B wharf, such as a regional vessel, to enter the E-Packing bus located D at the new wall border around 19 October 2017, and became the last package.

On October 19, 2017, at around 03:17, the Defendant: (a) expressed the attitude that the Defendant would kill the victim or cause any injury to the body of the victim by stating that the Defendant “I will dispose of the knife, knife, knife, knife, knife, knife, knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Each police statement concerning G and F;

1. 112 reported case handling table;

1. Each report on investigation;

1. Each report on internal investigation:

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a confirmation report during the period of repeated crimes A against a suspect and a report on the release of a suspect) and statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines for the Supreme Court: (a) the basic area of recommendation [the scope of recommendation and recommendation], the basic area of which does not include general intimidation [the category 1], and the scope of recommendation [the scope of recommendation and recommendation], and two to one year.

3. The Criminal Act, such as the content and level of intimidation notified to the victim of the decision of sentence, the background leading to the crime, the fact that the crime was committed during the period of repeated crime, and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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