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(영문) 울산지방법원 2020.07.24 2020고단57
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (ma, 37 years of age) and the defendant's unaware.

Around 21:40 on December 17, 2019, the Defendant: (a) while smoking tobacco in Ulsan-gu C&C’s 4th floor, the Defendant discovered the victim who smokes together with smoking and takes a bath outside the aforementioned public-private partnership, and led the victim to misunderstanding that the victim s/he s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/

The Defendant heard the horses from the victim, and saw the knife (the total length of 32 cm and 20 cm on the day) which is a dangerous object that was in the cafeteria of the fourth floor of the 4th floor of the 2000 m., the Defendant left the knife in front of the 2000 m., putting the above knife onto knife and knife the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the photograph-related Acts and subordinate statutes by photographing a case-related photograph, a photograph, or taking a course;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of intimidations [Type 4] the repeated offense, special intimidation [Special Convicts] - The mitigated elements: The mitigated elements [the scope of recommendations and recommendations] the mitigated area, the mitigated area of punishment [the mitigated area and the scope of recommendations], the imprisonment of two months to one year [the general person] - There is no record of criminal punishment [the grounds for suspended execution] - There is no record of criminal punishment (the grounds for suspended execution of sentence of punishment): There is no record of criminal punishment

3. Determination of sentence, a dispute between the parties taking the knife and the knife to commit a crime of intimidation is likely to cause a crime, but the method of crime, the criminal defendant is the primary offender, the criminal defendant is against the criminal act, the contingent crime, and the victim does not want punishment.

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