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(영문) 전주지방법원 군산지원 2019.10.25 2019고단1105
특수협박
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 14, 2019, at around 23:11, the Defendant moved to “D” at the main point operated by the Victim C(37 years of age) (hereinafter “C”), which was operated by the Victim C (hereinafter “C”) in Y, as if he were to use a lock toilet only, entered the main point inside the main point, and then came to go to the victim by gathering the transition (24.5 cm in total length, 13.5 cm in length) in the main place.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (ctv video attachment);

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

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. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the crime of intimidation [the type 4], repeated crimes, special intimidation [the person specially punished] - The elements of mitigation [the scope of recommendation and recommendation], where punishment is not granted (including serious efforts to recover damage), or considerable damage has been restored [the scope of mitigation], the area of mitigation of punishment or punishment, two to one year [the general person] [the grounds of suspension of execution] [the grounds of suspension of execution] - The major reasons for suspension of execution include the source of punishment (including serious efforts to recover damage] - If a person commits a crime by showing or carrying a dangerous threat of collective power or by carrying a dangerous object, there is no criminal record of suspension of execution or more.

3. Determination of sentence: Determination of sentence: In light of the method of the crime for a period of four months of imprisonment and a period of two years of suspended sentence, illegality is large, the violation of the crime, the smooth agreement with the victim, the victim has no record of punishment since 200, the defendant's age, character and conduct, and circumstances after the crime, etc.

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