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(영문) 부산지방법원 서부지원 2019.08.13 2019고단937
특수협박
Text

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

1. On March 1, 2019, the Defendant, on March 13, 2019, 13:00, when he was under drinking alcohol at the Defendant’s house located in the Busan Yung-gu B building C, the Defendant, having a knife (28 cm in total length, 17 cm in knife length) that was in the kitchen on the ground of sound coming from the Defendant’s house located in the Defendant’s house located in the Busan Yung-gu B building C, and threatened the victim E (E, 61 years of age) (E, 17 cm in total length) who was living in the middle of the second floor, with the knife the above knife, and threatened the victim E (E, 61 years of age) who was living there.

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

2. Around April 20, 2019, around 14:50 on April 20, 2019, the Defendant: (a) while drinking alcohol in the Defendant’s residence as indicated in paragraph (1) on April 14:50, 2019; (b) on the ground of sound leaving from the Defendant’s home as described in paragraph (1), the Defendant: (c) placed the knife specified in paragraph (1) on the kitchen; (d) opened the knife door door of paragraph (1); and (e) threatened the Victim F (F, f, f, 32 years of age) who resides therein with the knife the knife knife knife knife knife kn

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes concerning investigation reports, seizure records, and knife photographs;

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

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. 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: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] repeated crime, special intimidation (Special Intimidation) mitigated element: A recommendation field where punishment is not granted (including serious efforts to recover damage), or considerable damage is recovered.

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