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(영문) 수원지방법원안산지원 2020.10.08 2020고단3394
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

At around 20:40 on August 11, 2020, the Defendant threatened the victim with the victim C (the 68-year old), who was under the influence of alcohol, with the victim’s death at the Dju, which was operated by the victim C (the 68-year old), and then refused, with the victim’s death, the Defendant threatened the victim by saying, “I will die. I will die. I will die. I will die. I will am. I will die.”

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police protocol of statement to C, the records of seizure, photographs of seized articles, and the Acts and subordinate statutes of each investigation report;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act: Selection of imprisonment;

1. Suspension of execution under Article 62(1) of the Criminal Act (a) (a confession and reflects against a criminal conduct, and the victim expressed his/her intent not to punish the defendant by agreement with the victim. Other circumstances, such as the background of the instant crime and the circumstances before and after the instant crime, etc., shall be taken into account);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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