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(영문) 부산지방법원 동부지원 2017.11.16 2017고단1859
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 10, 2017, the Defendant urged the victim B (the remaining and the age of 27) to pay his/her debt by telephone, but he/she listened to the statement that “the Defendant would not pay his/her money without paying it.” On the same day, around 16:45 on the same day, the Defendant used the knife (15 cm length) as an object dangerous to D’s restaurant operated by the injured party in Busan-gu, Busan-gu, stating that he/she would kill the victim, thereby threatening the victim as if he/she would injure the victim’s life or body.

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. Application of the Acts and subordinate statutes on the screen by cutting down CCTV images with a knife knife and threatening;

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

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendation] [the reasons for the sentencing of Article 62-2 of the Act on the Protection and Observation of Community Service Orders and the Order to Attend the lecture shall be sentenced to suspended sentence only once in consideration of the following reasons: (a) there is no person who has any special sentencing [the person who has been sentenced] [the knife of the defendant at the time of committing the instant crime] [the sentence] the knife that the defendant possessed at the time of committing the instant crime appears to have considerable danger in light of the knife length and form; (b) there is no agreement with the victim; (c) the knife of the defendant appears to have no criminal history prior to committing the instant crime; and (d) other reasons for the sentencing specified in the instant case, and (e) the sentence of suspended sentence shall be ordered to correct the defendant's violent inclination and minimize the fear of recidivism by carrying a deadly weapon, without any specific punishment.

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