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(영문) 울산지방법원 2019.11.21 2019고단2735
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 00:50 on July 9, 2019, the Defendant, at the Defendant’s residence located in Ulsandong-gu B apartment C, Ulsandong-gu, 2019, found the victim E (24 years of age) residing in the same apartment unit D, while drinking alcohol together with the son, and demanded “on duty, and on duty, on duty, on duty.” On the other hand, the Defendant acted as if the Defendant would inflict any injury on the victim’s body by saying, “on duty, on duty.”

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs of seized articles);

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

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

1. It is possible to have been punished as an act of violence against a defendant for the reason of sentencing under Article 48(1) of the Criminal Act. In light of the content and means of the crime of this case, there is no good character of the crime of this case. On the other hand, there is no previous conviction of suspended execution or criminal punishment for the last ten years, and there is no previous conviction after the crime, and the victim and the victim have agreed to do so. It is somewhat contingent nature of this case, and other conditions of the sentencing as stated in the records such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., the execution of the sentence shall be

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