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(영문) 울산지방법원 2019.09.25 2019고단2202
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

The defendant is between the victim B (n, 51 years of age) and the victim B (n, 51 years of age), who was divorced by agreement around April 2018.

At around 05:50 on May 17, 2019, the Defendant: within the “D cafeteria” located in Ulsan-gu, Ulsan-gu, which is operated by the victim; on the ground that the victim did not talk about another male, and talk about his/her divorce with him/her, the Defendant found in the above cafeteria and sent the victim's answer to the purport that he/she would not have been superior to the victim, and that he/she was divorced by the victim during his/her divorce. The Defendant sent the victim the answer to the purport that he/she did not have superior, and “the son and the deceased,” and the Defendant sent the knife (the total length of 33 cm, the knife length of 21 cm) which is an object dangerous to enter the kitchen, and the Defendant found the victim as his/her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (a photograph of a victim by capturing CCTV image data inside and outside the victim);

1. Application of the existing Acts and subordinate statutes of one knife (No. 1) seized;

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

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: One to seven years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. The fact that the defendant who was sentenced to the punishment of this case led to the confession of the crime of this case and is divided, that the victim does not want the punishment of the defendant, that the defendant has the criminal record of suspended execution of imprisonment with prison labor due to the same force, and that the age, character, character and environment of the defendant.

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