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(영문) 창원지방법원 2020.01.22 2019고단3505
특수협박
Text

A defendant shall be punished by imprisonment for six 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

At around 20:30 on November 10, 2019, the Defendant expressed an attitude that the victims would have any harm and injury by taking a knife (the total length of 33 centimeters and 20 centimeters in knife), which is a dangerous object in the said knife, on the ground that the victims B (the 60-year-old) and C (the 60-year-old-old-old-old-old-age) who had not good reputation, are bad, and on the ground that the victims C (the 60-year-old-old-age-old-old-age-old-age-old-old-old-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against C and B;

1. Application of the statutes governing field photographs and video storage CDs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] 04. Intimidation: The basic area (referring to four months of imprisonment or more to one year and six months of imprisonment) of the category 4 (Cumulative Intimidation and Special Intimidation) [the decision of sentence] dangerous goods, and the victim’s violence and danger of the instant crime, which are heavy, are heavy.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

The defendant has no past record of criminal punishment exceeding a fine.

Other factors for sentencing, such as the age, character and conduct of the defendant, the relationship with the victims, the details and circumstances of the crime of this case, and the circumstances after the crime, shall be determined as per the order.

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