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(영문) 울산지방법원 2017.08.09 2016고단4312
특수협박
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated “de facto marital relationship” in the indictment from around July 2014 to the victim C (n, 50 years of age) and from around July 2014, but it is difficult to determine whether the victim and the Defendant were in a de facto marital relationship only with the materials indicated in the record.

The present has been hedged.

1. On February 28, 2016, at around 16:55, the Defendant found “E” restaurant located in Ulsan-gun, Ulsan-gun, Ulsan-gun, where the victim was working, and attempted to attract the victim, but the victim resisted against the victim, the victim’s head knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

2. On March 22, 2016, the Defendant: (a) around 16:50, Ulsan-gun, Ulsan-gun, F401, which said victim and the said victim were in dispute with money; (b) putting the tree shoulder, which is a dangerous object and died.

몽둥이로 대갈통을 깨서 죽이 삔다 ”라고 말하여 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (a list of evidence No. 23);

1. Statement made by the police with regard to C;

1. Application of CCTV Acts and subordinate statutes;

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

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

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service and order to attend lectures;

1. The scope of the final sentence due to the aggravation of punishment for multiple offenders who are not subject to punishment for Class 1 and 2 of the sentencing criteria [the scope of the recommended punishment] and the mitigated area of Category 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) (4 months to 1 year): April 1 and June;

2. The following circumstances and the defendant shall be based on the sentencing guidelines set forth in the sentencing guidelines:

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