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(영문) 울산지방법원 2020.02.14 2019고단4555
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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

1. A special threat, and the Defendant entering a residence, around 15:00 on November 9, 2019, at the house of the victim C located in Yangsan City, the Defendant opened a entrance to the victim by opening the entrance, and opened the entrance to the ward, and opened it to the sprink, and then cut off the transition (the total length of 23 cm and the 11cm cm cm in the blade length) which is dangerous at the Defendant’s bar, and then cut off the knife at the Defendant’s arms, etc., and called, “the victim “the knife is cut off, the knife is dead, and the knife is dead.”

Accordingly, the defendant invadedd the victim's residence and threatened the victim with dangerous things.

2. On the same day, at around 16:04 on the same day as above 16:04, the Defendant sent to the victim D (the son) who is the husband of the said C, using the KakakakaoM app, letters such as “I swear I swear, I will see to D.C.,” “I will live within the police, but I will die, I will die, I will die, I will die, I will see the police, and I will die only for the same year.”

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each protocol of seizure and each list of seizure;

1. Application of the Acts and subordinate statutes to excessive photographs held by the suspect and message pictures sent to D by the suspect;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (a) of the Criminal Act that prescribes the choice of punishment, Article 319(1) (a) of the Criminal Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;

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

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special Intimidation) violent crimes;

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