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(영문) 광주지방법원 순천지원 2020.07.24 2020고단608
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

On February 25, 2020, the Defendant: (a) around 10:15, the Defendant: (b) around 10:15, the Victim D, who has a relationship with the victim E (E, E, 50 years of age) and winded, brought a dispute with the victim D with the victim; (b) 2 knife knife knife knife knife knife knife knife knife knife knife knife knife knife s

Accordingly, the victim E(ma, 50 years old, South, and 50 years old) expressed that “I will die, I will die, I will do so,” and threatened the victim E with the same knife.

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs of the district area), such as the protocol of statement of the police against D and E, on-site 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and 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) Class 1 crime (Special Intimidation) (Special Intimidation) (Special Intimidation) / [Type 4] Cumulative Crime, Special Intimidation (Special Intimidation) - mitigated element: In the area of mitigation [including serious efforts for the recovery of damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation [the scope of recommendation range and recommendation range], two months to one year [the general person] of imprisonment;

(b) Class 2 crime (Special Intimidation) (Special Intimidation) (Special Intimidation) / [Type 4] Cumulative Crime, Special Intimidation (Special Intimidation) - mitigated element: In the area of mitigation [including serious efforts for the recovery of damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation [the scope of recommendation and recommendation range], and two to one year [the general person] of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum of crimes No. 2 per month from February to June 1.

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