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(영문) 울산지방법원 2020.04.10 2020고단671
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

Around 00:58 on February 13, 2020, the Defendant made a dispute with the victim with the “C” restaurant operated by the Defendant in Gyeyang-si, Yangsan-si, on the ground that the victim E (79 years of age), the victim F (here, 69 years of age), who is the relative parent of the victim of de facto marriage (here, 43 years of age) and F (here, 69 years of age), are hacking the Defendant, while she took a dangerous thing in the main room, and she took the food knife (the total length of 42cm, 30cm length of knife, knife) as his hand, and she took the knife at the victim’s hand, and “The victims shall die, die, die, die, die, die, and die,” and she continued to attract the victim from the victim’s knife to the victim.

The victims' lives and bodies were inside the floor and acted as if they were to harm the victims' lives and bodies.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Probation, community service order and Article 62-2 of the Criminal Act, and Article 2-3 subparagraph 2 and Article 44-2 of the Medical Treatment and Custody, etc. 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. Determination of sentence: Defendant 1 committed the instant crime.

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