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(영문) 서울서부지방법원 2020.04.24 2020고단193
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is between the victim B (math, 53 years of age) and the married couple.

On December 27, 2019, the Defendant, at the Defendant’s house located in Yongsan-gu Seoul Metropolitan Government C Apartment D, tried to see the Defendant who s/he s/ she s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/).

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

Summary of Evidence

1. The written statement made by the police with respect to B of the defendant's legal statement, E of the F's investigation report (or the temporary accommodation of the defendant, such as the site situation and the victim) on the site photograph, the application of Acts and subordinate statutes on the 112

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. According to the sentence decisions, the sentencing conditions shown in the trial process of this case, such as the age, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime, etc. are as follows.

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