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Reasons
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(영문) 수원지방법원 2018.12.20 2018고단6074
특수협박
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on August 29, 2018, the Defendant collected these members from the elderly living in Suwon-si C 101 Dong-gu, Suwon-si, Suwon-si, 201, and raised complaints from the victim D (67 e.g., the Defendant’s attempt to vote for the suspension of duty at the president of the elderly who is in charge of the Defendant, and could not proceed with the meeting on the grounds that the Defendant d (67 e.g., in order to proceed with the vote for the suspension of duty at the president of the elderly's office. On the ground that the Defendant dembed from the above victim, he was able to see that he was at home and 101 Dong-gu, 905, an apartment house at his dwelling (the length: 23.5 cm, the day, 12 cm in length) and added them to the back in a white plastic paper, and found that he was at risk to the body of the elderly including the victim.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. On-site photographs;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / None of the basic area (4 months to 1 year and 6 months) of the crime subject to intimidation (a person subject to special sentencing) / [determination of sentence] / The defendant is an old person, the degree of intimidation is relatively heavy due to contingent crimes, and there is no record of being punished for the same crime, such as violence, etc.

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