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(영문) 창원지방법원 2019.07.17 2019고단1157
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

On April 28, 2019, the Defendant: (a) around 05:37, at the window B of Changwon-si, which was operated by the victim C(the age of 42) at the first floor; (b) “Dran bar” operated by the victim for the reason that the victim’s words, “the calculation of the drinking value originally ordered,” and “the drinking value originally ordered to be calculated,” was set to him, and then he saw the beer’s disease, which is an object dangerous to the table table, to which he had died, and then he sawed the victim as “this was frighted.h., what you want. I am? I am h.h., h. h.h.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112. List of reported cases;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] 04. - The area of mitigation (two months to one year of imprisonment) of the crimes of intimidation (a repeated crime and special intimidation) - The special prison: The court shall determine the sentence as ordered by taking full account of the following circumstances, including the Defendant’s age, character and conduct, the content and circumstances of the instant crime, and the circumstances after the crime:

D. Unfavorable circumstances: In that the method of committing the instant crime that threatens the victim due to a real injury is not good, and that the victim was suffering from considerable fear and mental pain, the crime liability is not weak.

Defendant has been punished several times for violent crimes.

A favorable circumstance: The Defendant recognized the crime of this case and the liability arising therefrom.

The victim has recovered from damage to the victim and the victim does not want the punishment of the defendant.

No defendant has been punished in excess of a fine in the past.

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