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(영문) 울산지방법원 2018.06.07 2018고단581
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant was subject to a disposition of suspension from office one month due to assault, such as breathing, etc., in front of the Jeongmun-gu, Ulsan District Security Center C, Inc., Ltd., which was located in B around Ulsan-gu, Ulsan-do, and sought access to the company due to drinking conditions, and was subject to a disposition of suspension from office due to assault, such as breathing, etc.

One point out of 1 knife (17cm in length and 30cm in length) 2, which is a dangerous object in possession of an inner machine in advance, who is a security guard from the victim D (57 knife) who is a security guard, shall be discarded to the victim, "Ye, flab kn if the knife died and discarded to the victim," and the knife.

In the words of “the victim was threatened with the victim by showing the attitude that the victim had expressed what kind of harm to the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. For the reason of sentencing under Article 48(1) of the Confiscation Criminal Code, the fact that the defendant was seriously divided after the crime in this case, and that the defendant was hospitalized in the hospital to treat the existence of alcohol that caused the crime, and other conditions of sentencing indicated in the record, such as the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined by taking into account the following factors: (a) the execution of the sentence shall be suspended and the protection and observation shall be ordered.

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