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(영문) 울산지방법원 2016.12.21 2016고단4161
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2016, at around 18:00 on September 28, 2016, the Defendant heard from the victim D(E, 62 years old) to the “C” facility office where the Defendant was working for the third floor underground floor of the Ulsan-gu building B, Ulsan-gu, Seoul-gu, and raised a dispute with the victim after hearing that the Defendant’s negligence was caused by the pressure fluort.

The Defendant collected hacks (a total length approximately 30 cm), which is a dangerous object, and threatened the victim with any harm to the body of the victim, as the victim might be scam.

The Defendant continued to use excessive ( approximately 20 cm in total length) that is a dangerous object in the escape cell, and threatened the victim as if he would inflict any harm on the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to deadly weapons photographs;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified for special intimidation for excessive carry, which is heavier than the punishment), among concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The factors for mitigation of sentencing guidelines (the determination of types of intimidation) Types IV (Habitual, Cumulative, and Intimidation) (Special Intimidation): Imprisonment with prison labor for a period of four months to one year (the scope of recommendation) [the scope of suspension of execution] [the scope of imprisonment with prison labor for a period of four months] [the scope of mitigation]] / Where a person commits a crime by carrying a deadly weapon or other dangerous articles: Where a person commits a crime by carrying a deadly weapon or other dangerous articles, the reason for affirmative participation - There is no reason for affirmative participation - there is no reason for negative general participation - there is no reason for positive participation - there is no reason for negative general participation - There is clear social relation - there is no criminal offense, no criminal record of imprisonment with prison labor for a period of four months to one year and six months.

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