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(영문) 부산지방법원 2019.10.23 2019고단3761
특수협박
Text

A defendant shall be punished by imprisonment 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

At around 17:00 on July 27, 2019, the Defendant: (a) sought a victim C (31 years of age) who found the Defendant for the purpose of protesting from the Defendant on the ground that “Neman, long-term frighten, and high-speed frighten,” before the Defendant’s dwelling end located in the Geum-gu, Busan; (b) had one knife (28.5cm in length, approximately 16.5cm in length) which is dangerous at the kitchen of the suspect’s dwelling, and had the Defendant take a bath to “this frighter” on the ground that the victim frighted against the Defendant, while working in the Si, the victim flicked the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : (a) the mitigation area (two to one year) of the mitigation area (two-one year) [Special Intimidation] / [Pronouncement Decision] / The defendant has several criminal records of violence, and the nature of the crime is not good in light of the risk of the instant crime; (b) the defendant is selected to be sentenced to imprisonment, but the defendant reflects his mistake and does not want to be punished by mutual consent with the victim, taking into account all the circumstances constituting the condition for the instant sentencing, such as the crime committed by intimidation.

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