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(영문) 부산지방법원 2018.11.01 2018고단3834
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2018, the Defendant was on board the village bus with the Defendant, from 4:4 diversh of a hot spring resort located at the center of Busan Dong-gu, 1520, to the center of Busan Dong-gu, 2018.

B is a high school student who suffers from a village bus.

“B, even if you asked, you do not answer this Defendant, the victim C(17) and D (17 years old) who was working on the B, and the victim C(17 years old) who did not answer this Defendant. B, the multiple-use blades (16 cm in total length, 7 cm in length in length) which were dangerous articles stored on the A, are filled with as if they were infash with the victim’s parts, etc.;

Barash.

“.....”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to C and D;

1. Each statement of E and F;

1. Police seizure protocol and multi-purpose blades;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [the scope of recommending punishment] and the basic area (from April to June) of the sentencing criteria (the person who is subject to special sentencing) (the person who is subject to special sentencing)

2. As to the fact that the Defendant’s decision of sentencing knife the multiple-use knife of students, intimidation of students, and failure to receive a letter from victims, it is necessary to take a strict measure. However, the Defendant committed the instant crime under the status of suffering from mental illness, such as depression disorder, etc., and the Defendant led to the confession of the crime and repent of his mistake, and the Defendant committed the crime except for a disposition of one-time suspension of indictment on account of the violation of the Act on the Establishment of Local Reserve Forces, and the Defendant’s age, family conditions, etc., as indicated in the Disposition.

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