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(영문) 울산지방법원 2020.01.09 2019고단3509
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. A special intimidation Defendant: (a) around 19:40 on June 15, 2019, the victim D (25 years of age) was not set to a pet dog in front of C in Yangsan City B; (b) thereby, the Defendant became a vision, and the Defendant returned the kitchen knife, which is a dangerous object stored in the Defendant’s Lone Star vehicle, to his hand, and returned the kitchen knife to the Defendant and was on the spot, and thereby the victim was in the scene, along with the bath theory, saying, “A kniff is only kniff. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

2. The Defendant causing special property damage, such as the preceding paragraph, destroyed the 297,00 won of the repair cost by leaving a kitchen room at the 1st floor parking lot in Yangsan-si, such as the foregoing paragraph, in a timely manner as seen in the preceding paragraph, which is owned by the Victim G, which was parked in the same place, and which is a dangerous object of the driver’s seat and the early glass of the passenger bus, three times in a kitchen knife in each of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Each written statement of D and E;

1. Each photograph;

1. Application of the written estimate statutes;

1. Relevant Articles 284 and 283(1) of the Criminal Act for the crime, Articles 369(1) and 366 of the Criminal Act for the crime, and the choice of imprisonment for the crime, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

B. Crimes No. 2 (Special Destruction and Damage of Property) (Determination of Punishment). Cumulative Crime and Special Destruction and Damage (Type 1) (Special Destruction and Damage) (Special Destruction and Damage).

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