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(영문) 울산지방법원 2018.04.27 2018고단337
특수협박
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a tenant of a multi-household house owned by the victim D (V, 50 years old) in Yangsan-si, Yangyang-si, who resides in the next house of the victim.

On February 4, 2018, at around 22:40, the Defendant made a threat to the victim on the following grounds: (a) the Defendant intending to close the gate with the victim’s sound; (b) the Defendant her kick, which is a dangerous object kept in the Defendant’s house (total length of 38cm, daily length of 13cm), and found the victim’s house; (c) the Defendant her kick as the victim’s head; and (d) the Defendant her knick as the victim’s house; and (e) the Defendant her knick as “it may die even if the knick flows.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A detailed statement of the processing of reported cases;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a situation unfavorable to the defendant, where the defendant has knicked his hand in custody and has threatened the victim who is the main owner of his house with his knife, to find out his knife, and the means and methods of the crime are not only dangerous, but also the nature of the crime is not good, and the fact that the victim did not reach an agreement with the victim or did not receive a letter from

However, the fact that the defendant recognized his mistake and reflects his depth, the fact that the defendant seems to have caused the crime of this case by drunkly and contingently in the state of bad appraisal due to frequent disputes with ordinary victims, the fact that there is no criminal history since 2005, and the fact that the beneficiary is a beneficiary and the health condition is not good are favorable conditions for the defendant.

In addition, the age, sex, environment, and motive and motive of crimes of the defendant.

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