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(영문) 부산지방법원 2018.12.21 2018고단4345
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2018, the Defendant, at around 09:20 on July 7, 2018, hereinafter “E” restaurant located in the Busan East-gu, Busan-gu, expressed his/her desire to the employees, and stated the victim F (F) who is the customer, and the victim G (V, 30 years of age) with the metal board, which is a dangerous object at which he/she was subject to a claim from the employee.

The term “the victims” refers to the victims, and the victims have been exposed to themselves, and the victims have been threatened with the victims as they are in a dangerous manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the punishment / [the scope of the recommended punishment] of the basic area (six months to one year and six months) of the basic area (the basic area of six months to one year and six months) of the recommended punishment / [ the scope of the recommended punishment] of the basic area (the scope of habitual, repeated, special intimidation) of the fourth category (the period between six months and one year and six months), the basic area (the period from six months to one year and six months) of the recommended punishment / the final amount of the aggravated punishment due to the aggravated punishment: six months to two months:

2. Circumstances disadvantageous to the determination of sentence: Determination of sentence: The injury and mental impulses suffered by the victims are expected to have not been significant, the circumstances favorable to the number of times of the same kind of crime: Taking into account all the conditions of sentencing, including the ages, sex, environment, motive, means, results, etc. of the crime committed by the victims, and all other conditions of sentencing, such as the age, sex, environment

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