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(영문) 울산지방법원 2020.05.28 2020고단1330
특수협박
Text

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

Seized knife knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant was in a 54-year-old relationship with the victim B(n, 54-year-old) and the victim was abused around March 18, 2020, and the victim requested the police station to protect the victim and took protective measures accordingly.

At around 14:51 on March 25, 2020, the Defendant divided the conversation with the victim into D convenience points in Yangsan-si, where the victim was the victim, and divided it into the victim's clothes and left arms to the wall, and taken the knife ( approximately 35cm in length, approximately 21cm in length in knife) which is a dangerous object in possession of the victim's knife with the victim's knife in front of the D convenience point in Yangsan-si, where the victim was the victim, and knifeed with the victim's left side.

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. A report on investigation (the Nos. 24, 30 of the evidence list), and a report on internal investigation (the No. 3, 5 of the evidence list);

1. Each photograph, CD;

1. Application of Acts and subordinate statutes of knife (No. 1);

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

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. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. Determination of sentence: The defendant, who was sentenced to eight months of imprisonment, has been suffering from the threat of the defendant who was the person in the past, to the police before locking from the instant case, continuously accessed the victim; the victim knew of the personal protection of the victim, and led the victim to a knife, leading the victim to a knife; and the defendant committed past violence against the victim.

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