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(영문) 광주지방법원 장흥지원 2020.06.25 2019고단303
특수협박
Text

A defendant shall be punished by imprisonment for 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

On August 19, 2019, at around 22:30, the Defendant, while drunk in front of the Gangseo-gu, Gangnam-gu, Gangnam-gu, Seoul Special Metropolitan City passenger bus terminal, the Defendant cited agricultural insertion (124 cm in length) which is a dangerous object without any justifiable reason, and told the victim B to “b” several times.

In this respect, the defendant carried dangerous things and showed the attitude of doing harm to the victim, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to the records of seizure;

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;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area where there is no punishment (the scope of recommendation and recommendation), and April through June.

3. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions specified in the records and arguments of this case, including six months of imprisonment with prison labor, two years of suspended sentence, and two years of suspended sentence, and the risk of the act was committed by carrying dangerous things, and most of the criminal records of the defendant were committed in the state of exploitation, the defendant recognized the crime of this case, the defendant is in a profound radius, the degree of intimidation is relatively minor, and the defendant committed the crime of this case in the state of exploitation. After the crime, the defendant was hospitalized in C Hospital, and the defendant committed the crime of this case.

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