(영문) 울산지방법원 2019.07.17 2019고단894

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(영문) 울산지방법원 2019.07.17 2019고단894

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

On March 10, 2019, at around 07:28, the Defendant avoided tobacco in front of the Defendant’s house gate in Ulsan-gu, Ulsan-gu, the Defendant: (a) she was informed by the Defendant C (the age of 50) who is a neighboring resident of the claim that “the smoke has come to our house”; (b) she was in possession of it in the Pyeongtaek-gu, Pyeong-gu, Madropos, which is a dangerous object (the length of 25 cm) from the spread, and threatened the victim with a dangerous object, she was frightd to the victim, and she was threatened with a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the existing Acts and subordinate statutes of Raber (No. 1) seized Raber;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act which choose a penalty;

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

1. Probation under Article 62-2 of the Criminal Act;

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

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. Determination of sentence shall be made within the scope of recommended sentence according to the sentencing guidelines, comprehensively taking into account the following circumstances: (a) the accused has led to the confession of the crime in this case and is divided; (b) the accused has no criminal record of the punishment exceeding the fine; and (c) the accused has not reached an agreement with the victim until now; (d) the risk of the crime in this case; and (e) the Defendant’s age, character and conduct, environment, relationship with the victim; (e) the motive, means

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