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(영문) 대전지방법원 서산지원 2020.05.07 2020고단209
특수협박
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A defendant shall be punished by imprisonment for six months.

except that 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 13:15 on March 3, 2020, at the entrance of the C&C branch in Seosan-si, the Defendant brought to the above C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-A-C-C-A-C-C-A-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-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. Defendant's legal statement;

1. The police statement of E and D;

1. Records of seizure and the list of seizure;

1. Application of CCTV 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment with prison labor for two to one year (decision on a type of punishment) (Type 4), repeated crimes, special intimidation (special sponsed persons): Reduction elements: Where punishment is not granted (including efforts to recover damage), or considerable damage has been recovered (the area of recommendation and the scope of recommendation), imprisonment for two to one year (general person) (no reason for suspension of execution of sentence) (no reason for suspension of execution of sentence).

3. Determination of sentence: Imprisonment with prison labor for 6 months, and 2 years of suspended sentence, on the ground that the defendant was dead without any money collected by him/her, intimidation a victim who is an employee by knife a knife and sound at a bank. The content and degree of the crime, motive and circumstance of the crime, and the victim’s fear of fear.

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