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(영문) 수원지방법원 2019.07.04 2018고단7509
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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 02:10 on November 19, 2018, the Defendant: (a) dumpeded the victim C (the victim was 24 years of age) who was boomed in Suwon-si B on the ground that the victim was not subject to telephone contact; (b) opened the door door to the victim’s house and went into dispute with the victim; and (c) laid down the dangerous object stored in the front string string string so that the victim was dumped (the total length is 27 cm, 14 cm in length) with the victim’s hand; (d) “I am the victim’s cell phone fump”, “I am the victim’s cell phone fump”, “I am the victim’s cell phone fump, fump, bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of son,” and then I want to am off the victim.

Accordingly, the defendant carried excessive goods, which are dangerous goods, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Intimidation]: In the area of reduction of punishment [the area of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and two months through one year;

3.The following circumstances and the ages of defendants on the basis of the sentencing guidelines set forth above:

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