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(영문) 대구지방법원 경주지원 2019.11.28 2019고단505
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

On July 28, 2019, at around 21:10 on July 28, 2019, the Defendant: (a) received a phone call from the victim C (n, 51 years of age); (b) and (c) sought beer disease from another person; and (d) expressed the victim C’s desire to “Seak, our father, who was the father of the Republic of Korea.” (e.g., at the time of the victim’s 68 years of age); (b) expressed the victim’s desire to engage in a dangerous object; and (c) threatened the victim with a beer disease; and (d) expressed the victim’s desire to restrain him/her to engage in a beer disease.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to G, C, and F

1. Relevant Articles 284 and 283 (1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 283 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, comprehensively taking into account the following circumstances: (a) details of the instant crime; (b) crime prevention and attitude of the instant crime; (c) whether damage has been recovered; and (d) criminal records; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the circumstances after the crime, etc.,

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