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(영문) 부산지방법원 2019.09.06 2019고단3383
특수협박
Text

A defendant shall be punished by imprisonment for six months.

No. 1 shall be forfeited.

Reasons

Punishment of the crime

On February 15, 2019, the Defendant was sentenced to a suspended sentence of three years on February 23, 2019 by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Busan District Court, and the said judgment became final and conclusive on February 23, 2019.

At around 18:00 on May 16, 2019, the Defendant thought that the noise problem between the head of the Geum-gu, Busan and the victim C (64 years of age) who is a neighboring resident and the victim C (64 years of age) was frighting to the victim, the Defendant saw that the victim was frighted, and threatened the victim with one knife, which is a dangerous object from the defendant's house and the kitchen of the house and the kitchen of the defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Previous convictions sentenced: Application of Acts and subordinate statutes to criminal investigation reports (including confirmation of the fact during the period of suspension of execution of sentence and attachment of relevant judgments, etc.;

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

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. The scope of recommendations according to the sentencing criteria (decision of types) and the basic area of repeated crimes and special intimidation [the scope of recommendations and recommendations], and April through June of imprisonment.

3. Although the victim of the decision of sentence wanted to have the Defendant’s prior wife, it is inevitable to punish the instant crime in light of the fact that the nature of the crime was inferior in light of the method and content of the crime, and that the Defendant committed the instant crime without being aware of the fact that he/she had been under suspension of execution.

In light of the aforementioned circumstances, the defendant's age, character and conduct, environment, and circumstances after committing the crime and various circumstances revealed in the records and pleadings of this case, the punishment as ordered shall be determined.

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