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(영문) 의정부지방법원 2020.05.20 2019고단5307
특수협박등
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

1. A special intimidation: (a) around 01:20 on October 23, 2019, the Defendant: (b) considered the victim’s workplace and wind at the residence of the victim C (Nam, 42 years of age) in Southyang-si; (c) took a knife, which is an object dangerous to the victim’s workplace, and brought about about five times the left side of the knife and the knife, and threatened the victim with the knife as the victim’s knife in the above knife.

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

2. On October 23, 2019, the Defendant: (a) around 01:40 on October 23, 2019, at the above paragraph (1) of the same Article, the Defendant: (b) laid the victim’s cell phone boomed by the victim on the ground that the victim was reported to the police due to the foregoing circumstances;

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. C’s statement;

1. Application of seizure records, list of seizure, on-site photographs and statutes;

1. Relevant provisions of the Criminal Act, Articles 284, 283 (1) and 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

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

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to four months and six months;

B. Second (Determination of Punishment of Violence) Violence Act: 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation) and imprisonment with prison labor for February to October.

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