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(영문) 수원지방법원 2020.01.30 2019고단7369
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

On October 26, 2019, the Defendant: (a) around 21:00, the victim D (50 years of age), the president of the party headquarters, was under the influence of alcohol at the “C party headquarters” located in Osan City B, and was found to be a dead-si knife (32 cm in length, 20 cm in length, knife in length) that was a dangerous object from using the party headquarters to make it difficult for the Defendant not to use the party headquarters because he was under the influence of alcohol; (b) the Defendant was able to take a retaliation against the victim using the knife knife (32 cm in total length, 20 cm in length).

At around 22:15 on the same day, the Defendant told the victim as "I wish to live in person, I am dead, I am dead," and tried to take the victim back from the right side of the sporade of the sporade of the sporade of the above spora, and the victim sealed the Defendant's body with his arms with his arms, and reported it to the police, "I am dead, I am dead, I am dead, I am dead."

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. On-site photographs and photographs of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV and witness);

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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

1. The scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Intimidation]: In the area of reduction of punishment [the area of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and two months through one year;

3. Based on the above sentencing criteria based on the above sentencing criteria, the following conditions and the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime.

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