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(영문) 울산지방법원 2017.02.17 2016고단4327
특수협박
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

The defendant is a person residing in Ulsan-gu D's room 105, and the victim E (42) is a person living in the same room room 206 of the defendant's office, the upper floor of the above floor of the defendant's office (the upper floor of the above room structure 105 is 206).

On November 27, 2016, at the defendant's house No. 11:40 on November 27, 2016, the defendant made several calls at the victim's house to the noise problem between ordinary stories, but on the ground that the noise between the second floor was not impaired due to the noise, the defendant made a dangerous object (34cm in total length and 7cm in length) being kept by the victim's house and threatened the victim's house, thereby threatening the victim as if the victim did not do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] 4 types of intimidation (Habitual, Cumulative Offense, Special Intimidation) [Attachment 4-1 years] / [Special mitigated ] The damaged person does not want to be punished against the defendant. The defendant has no record other than one fine due to fraud, and the defendant has no record other than the defendant's age, sex, sex, environment, motive, means, method, and consequence leading to the crime of this case, and the circumstances before and after the crime of this case, etc. shall be determined in full view of all the records of this case and the changed sentences as mentioned above.

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