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(영문) 의정부지방법원고양지원 2020.09.17 2020고단1615
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

In April 2020, the defendant was suspected that another male has occurred to the victim as the victim was demanded for the judgment of the victim around April 202, while he was dead for about 56 months and about 6 months.

1. A special intimidation: (a) around 14:00 on April 25, 2020, the Defendant called the victim before the victim’s residence located in C and moved the victim to a camping area where the victim was born on the vehicle of the victim who was deprived of.

The Defendant laid down knife (total length: 37 cm and knife length: 25 cm) and insects prepared in advance on the side of the instrument board of the vehicle, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and threatened the victim.

2. On April 27, 2020, the Defendant damaged the property by getting off the victim’s cell phone (LG, LM-X420N) equivalent to KRW 600,00 of the market price of the victim owned by the victim, on the ground that the victim called “D to walk up the phone in the future, I will see that I will talk with D.” but the victim was called “I will talk with D at our house.”

Summary of Evidence

1. The photograph (knife and pesticide) of the defendant's written statement at the prosecutor's office concerning B;

1. Application of Acts and subordinate statutes to damaged mobile phone pictures;

1. Relevant Articles 284 and 283 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of intimidation, the choice of imprisonment), the choice of punishment for a crime;

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

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

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

1. The scope of recommendations according to the sentencing criteria; and

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