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(영문) 부산지방법원 서부지원 2017.11.28 2017고단1340
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was in an internal relationship between the Victim B (Y, 56 years of age) and about about 19 years of age. The Defendant, on July 28, 2017, within the 2nd floor of D cafeteria located in Busan Northern-gu, Busan, around 14:18, 2017, on the ground that he received a request from the injured party, knife (25 cm in total length, 12 cm in length) in a newspaper, knife the knife (12 cm in length) that is a dangerous thing that the injured party was in danger of chemicaling with the injured party, and put the victim on the knife, “Ie the same year as C, embe and flife,” and then put the knife on the knife, fl

In order for the injured to knife the knife on the table, the injured party saw the mind that the deceased will die. The injured party saw that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife the left face of the injured party, knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

In this respect, the defendant carried dangerous objects and expressed his attitude to do harm to the body of the victim 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 Acts and subordinate statutes to the list and seizure records;

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 sentencing under Article 48(1)1 of the Criminal Act;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] for the sentencing guidelines is reduced [the scope of the recommended punishment] for the crimes of intimidation (Habitual, repeated, and special intimidation)] (4 months to 1 year] for the mitigation area (4 months to 1 year), the punishment not for the person subject to special mitigation [including serious efforts to recover damage], or considerable damage has been restored;

2. The crime of this case in which the sentence of sentence is to be pronounced is to be committed;

As a result of the demand, the victim's intimidation in a public place, and the nature of the crime is not easy in light of the process, attitude, and risk of the crime.

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