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(영문) 전주지방법원군산지원 2020.09.18 2020고단789
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 01:40 on May 23, 2020, the Defendant: (a) discovered the victim D (Nam, 35 years of age), victim E (Nam, 35 years of age) who was drinking at a simple table table in front of the “C convenience store” located in Sinsan City B; and (b) threatened the victims with drinking alcohol at late at night; (c) called “the victims with drinking alcohol at late; and (d) called “the victims, as the victims did not respond to it; and (c) knife, which is dangerous goods at the main line of the Defendant’s residence located in Sinsan City F at Sinsan, and knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Entry of the police's protocol of interrogation of the accused in the protocol of interrogation of the accused in the court room D, and application of the police's protocol of interrogation of the accused in the protocol of interrogation of the accused, arrest report of the suspect in flagrante, arrest report of the accused (special intimidation) and the CCTV

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal 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. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the crime of intimidation [Type 4], repeated crimes, special intimidation [Special Convicts] - mitigated elements: Where the degree of intimidation is minor (Type 1, 4, and 5): [The scope of the recommended area and the scope of the recommended punishment] mitigated area, and two to one year [the general person] of imprisonment [the grounds for suspension of execution] - The major reasons for suspension of execution: Where the form of crime is minor.

3. Determination of sentence: The defendant's crime of this case for four months of imprisonment with prison labor and one year of suspended sentence was committed with a deadly weapon, and there was no possibility that serious result may occur as a threat to victims. Thus, the corresponding punishment is imposed on the defendant.

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