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(영문) 부산지방법원 2020.04.22 2019고단4861
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 13:01 on October 6, 2019, the Defendant used the transition (22cm in total length, 10cm in length) that the victim D (the age of 70) was in possession of on the ground that the victim D (the age of 70) had a quality of 'domination' against him and 's women' within the past period of the Fembar-gu Fembar-gu Fembar-gu, Busan, the Defendant threatened the victim, as the victim was in excess of the victim.

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. Records of seizure and the list of seizure;

1. Application of CCTV photographs and excessive photograph Acts and subordinate statutes;

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. Probation under Article 62-2 of the Criminal Act;

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

1. The scope of recommendation [decision of types] according to the sentencing criteria and the scope of intimidation [Type 4] and the basic area of recommendation [the scope of recommendation and recommendation], four months to one year and six months; and

2. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence (the sentence shall be determined as ordered in consideration of various circumstances in the sentencing conditions shown in the records of this case, such as the Defendant’s age, character and conduct, family environment, motive and means of a crime, and the circumstances after a crime, etc.).

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