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(영문) 광주지방법원 해남지원 2021.01.15 2020고단341
특수협박
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2020, at around 00:54, the Defendant: (a) opened a telephone call in front of the Defendant’s birth at C, which was located in South South and North Korea, at around 00:54, on the front of the road, the Defendant: (b) was prepared in advance to the Defendant for the reason that the victim had her speech without any example; (c) the knife (30cm in total length, 17cm in length in the knife) knife (17cm in the knife) was sealed by the victim; and (d) the victim was able to threaten the victim, and (e) he was prepared in advance by the knife with the above knife and carried in possession of the knife (23 cm in length, 12 cm in the knife’s length) and expressed the attitude of the victim to threaten the victim’s body, such as “the dead and the dead.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Each list of seizure and evidence of each seizure;

1. Application of the photographic Acts and subordinate statutes;

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 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes [specific intimidation (special sentencing factors]] and special intimidation (including serious efforts to recover damage)]: In the area of mitigation of punishment (including the territory of recommendation and the scope of the recommended punishment], in the area of mitigation of imprisonment with labor for two months through one year;

3. Determination of sentence: Imprisonment with prison labor for two months, probation one year, relationship between the defendant and the victim, details and degree of intimidation, the circumstances leading to the defendant's commission of the crime in this case, the circumstances in which the defendant committed all the crimes and the injured person does not want the punishment in this case, and other arguments in this case, such as the age, sex and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.

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