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(영문) 부산지방법원 2020.01.30 2019고단5707
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

The defendant is between the victim B (n, 22 years of age) and the year from March 2015 to the present.

On August 24, 2019, the Defendant: (a) around 06:05, around 06:05, at the residence of the Defendant of the Geumcheon-gu Busan Metropolitan Government C building D, on the ground that the Defendant was fluoring with the victim and fluoring a motion picture, and brought the transition (15cm length) of dangerous objects in the kitchen into the room and brought it into the front of the victim, and brought it into the front of the victim. The Defendant intending to support the victim’s head car, arms, and bridge by turning it into a dangerous object, and tried to support the victim’s head car, arms, and legs, and bridge, which is a dangerous object, brought about the victim’s 26cm, as well as threatening the victim, and threatened the victim by taking it into account.

Accordingly, the defendant threatened the victim in excess of the dangerous things, laz, and laz.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police suspect interrogation and protocol concerning the police suspect interrogation of the accused;

1. Protocol of each police statement concerning B;

1. B written statements;

1. A criminal investigation report (in addition to 112 files), a criminal investigation report (B counterpart telephone confirmation report);

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Where the mitigated area (two to one year), the mitigated area (including specially mitigated persons), the punishment not (including serious efforts to recover damage), or considerable damage has been recovered from the mitigated area (two to one year), or a considerable part of the sentencing guidelines, for the crime of intimidation (Scope of recommending punishment).

2. As to the defendant's decision of sentencing, it is necessary to take strict measures to threaten the victim with dangerous things, however, on the ground that the defendant, who was the victim, would have been the victim.

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