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(영문) 부산지방법원 2019.09.16 2019고단2746
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 22:30 on June 16, 2019, the Defendant: (a) was operating a restaurant “C” in Busan High-gu, Busan High-gu; (b) while drinking alcohol with the victim F (23 years of age) who is an employee of the said restaurant at the Busan High-gu, Busan High-gu D and E, the Defendant said that the victim was “G and B,” and said, “I do not know,” but said, “I do not know, I do not know,” and said, “I do not die, I do not know,” and said, “I am knife and kn’s knife which is a dangerous thing in the main room.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint filed by the F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of criminal implements);

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

2. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. The scope of punishment by law: Imprisonment for not less than one month but not more than seven years;

2. Scope of recommendations according to the sentencing criteria: From four months to one year and six months (decision on a type) for violent crimes: [Article 4] for a repeated crime, special intimidation (special intimidation)] for a repeated crime. [Scope of recommendations and recommendations] for a basic area: Imprisonment with prison labor for not less than four months, but not more than one year and six months;

3. While the Defendant had a dispute with the victim, the Defendant cited a knife, which is a dangerous thing in the main room, and threatened the victim.

In light of the content of the crime and the method of the crime, the quality of the crime is not good.

The victim was unable to receive a letter from the victim.

These points are disadvantageous to the defendant.

However, it seems that the defendant is able to recognize the crime and reflect it.

The body of a victim shall not be deemed to have used violence or inflicted an injury on the victim.

There is no record of criminal punishment against the defendant.

. The above.

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