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(영문) 수원지방법원 안양지원 2015.11.25 2015고단1456
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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 11:30 on August 25, 2015, the Defendant threatened the victim, “B will bit B bit B bit B bit B, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knif).”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] is that there is no criminal record of a sentence of suspension of execution (decision of a sentence of suspension of execution of execution of sentence) or more than a basic area (6-1-6 months) of the crimes of intimidation (Habitual, Habitual, and Intimidation) [6-1-6 months], and that there is no criminal record of a relatively long period from around 1988 to February 2015.

On the other hand, the fact that he did not receive a letter from the victim, and that he was sentenced to a fine due to a violation of the Punishment of Violences, etc. Act by carrying excessive amount of money without justifiable reasons around March 2015 is disadvantageous.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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