(영문) 의정부지방법원 고양지원 2020.02.13 2019고단3296

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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단3296

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

On October 18, 2019, the Defendant, at around 16:30 on October 16, 2019, brought the victim C (the age of 63) of the victim C (the age of 63) who had a huge amount of money on the boundary of the irrigation water, and brought the victim a improved (the length of the 38 cm, the length of the day 15 cm) which is a dangerous object, on the ground that the victim installed a huge amount of money on the boundary of the irrigation water, and brought the victim with approximately five times the above improved.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs improved;

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

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 guidelines [decision of types] the basic area of recommendations [Article 4] that there is no repeated crime, special intimidation (special sponsing persons] (the scope of recommendations and recommendations], and April through January 16 months;

2. The Defendant, who made a ruling of sentence, threatened the victim with the threat of the victim’s face, and the victim seems to have caused serious fear.

The extent of intimidation is very serious, and the defendant was unable to receive a letter from the victim.

The defendant acknowledges and reflects the crime, and the execution of imprisonment shall be suspended in consideration of the favorable circumstances that are the first offender, but probation shall be ordered in order to prevent recidivism, and the punishment shall be determined by taking into account all kinds of sentencing conditions shown in the trial process, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, relationship with the victim, etc.

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