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(영문) 수원지방법원 여주지원 2020.06.22 2020고단549
특수협박
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On April 26, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. in the Daejeon District Court’s subdivision support on April 26, 2019, and on February 15, 2020, the Defendant was punished by violence, including the completion of the enforcement of the sentence in the Daejeon Prison.

【Criminal Facts】

At around 15:30 on April 26, 2020, the Defendant said that, without any justifiable reason, he saw the sound to the grandchildren of the victim B (the female, 55 years old) in front of the sperm in the “Sari Park,” which was located in the game, and that, without any reason, he saw the victim to resist it, he saw the victim to resist it, and then put the pole of the sperm at the price of each item (the total length of one meter, the thickness of 3 cm) which is a dangerous object in the surrounding area, and then embling each item on the part of the victim with any other item of the same size.

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

Summary of Evidence

1. Defendant's legal statement;

1. The photograph of each of the statements C and B related to crimes;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 Article 35 of the Criminal Act among repeated offenders;

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

2. Aggravation of the punishment according to the sentencing guidelines (decision of types of intimidation). Intimidation: Aggravation of repeated crimes and special intimidation (Special Intimidation) (excluding the types of intimidation for repeated crimes in four categories): Aggravation of repeated crimes (excluding the area of recommendation and the scope of recommendation), 6 months through 2 years;

3. Determination of sentence: A year of imprisonment with prison labor, the Defendant 1, without any justifiable reason, threatened the grandchildren of the victim who is responsible for the park with sound, and threatened the victim with each item. The motive for the crime was difficult to obtain and the method of committing the crime was also dangerous.

The defendant's act shows that the victim was suffering from serious threat, and all measures to recover mental damage are taken.

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