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(영문) 부산지방법원 2018.01.11 2017고단6126
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 14, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of business at the Busan District Court on February 22, 2017, and the judgment became final and conclusive on February 22, 2017, and was currently under suspension of execution. On November 28, 2017, the Defendant was prosecuted on September 26, 2017 at the Busan District Court by combining the case 474 high order of 2017 (non-detained, non-detained, damage to property, violence, etc. on September 26, 2017), 4929 high order of 2017 [the prosecution by non-detained, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (motor vehicle operators' assault, etc.)], 2017 high order of 5106 (non-detained, non-detained, October 24, 2017).

The court of appeal is currently pending after being sentenced to 6 months of imprisonment with prison labor.

around 16:00 on August 16, 2017, the Defendant, at the center of Yangsan-si, 39 Yangsan-ro, expressed that the victim B (the age of 45) walk in the direction of the left side of the parking lot in front of Yangsan-si, Yangsan-si, and led to several times, as the Defendant would put the victim into a dangerous product, “I must go to a mental hospital,” and the victim Daa, “I must go to a mental hospital.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A criminal investigation report (five times a year);

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (a) an investigation report, a criminal investigation report (report attached to an indictment, etc.), and the application of statutes on the results of search by the Conet case;

1. The order is as follows: (a) there is no person who has committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of the period of suspension of execution, including the following facts: (b) the pertinent provision of the Criminal Act; (c) Articles 284 and 283(1) of the Criminal Act regarding criminal facts; (d) the reason for sentencing of sentence of imprisonment [the scope of recommending] 4 types (Habitual, repeated crime, special intimidation) (i.e., six months to one year) (i., six months); (d) the Defendant committed the instant crime without being aware of the period of suspension of execution; (e) the Defendant may have criminal records related to violence; and (e) the Defendant’s age, character and conduct, environment, etc. and the conditions of sentencing specified in the trial process.

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