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(영문) 울산지방법원 2016.12.01 2016고단3107
특수협박
Text

A defendant shall be punished by imprisonment for six 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

At around 01:50 on August 9, 2016, the Defendant, in front of the “C” convenience store located in Ulsan-gu, Ulsan-gu, Seoul-gu, 2016, her hand, her hand, hered the victim D(17 years of age)’s back, her hand her back to the victim E (17 years of age) who was suffering from an illness, which is a dangerous thing at her home, and her nearby her own house, her behavior, such as her knife knife (20cm length of the knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment (to consider the fact that there has been a history to commit the same kind of crime, the smaller's disease which is a dangerous object, and the threat of the aged victims by using a knife, etc., and the liability for the crime is grave);

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., favorable circumstances such as the confession and the agreement with the victims);

1. Where the grounds for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] is mitigated from the mitigated area (4-1 year), the punishment of a person subject to special mitigation (including serious efforts for recovery of damage), or considerable damage has been recovered from the mitigated area;

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