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(영문) 부산지방법원 2018.05.02 2018고단1042
특수협박등
Text

A defendant shall be punished by imprisonment for four 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

1. On February 22, 2018, the Defendant: (a) around 05:30, at the residence of the Victim C (Inn, 20 years of age) of Busan Btel 1918, the Defendant: (b) had a ties with the victim who had been a ties with the victim at the time; (c) had a ties with the victim who had been a ties; and (d) had a ties of the victim who had a ties with the ties; (d) had a ties of the dangerous articles at the port of the Republic of Korea (20cm length of the blade); and (e) had a knife of the victim, and (e) had a knife the victim.

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

2. The Defendant damaged property: (a) at the time, place, the victim was threatened by the Defendant; (b) at the time, at the place, the victim was threatened by the Defendant; (c) at the 112 report of the mobile phone; and (d) at the 19th to the 19th to the 1st to the 1st floor of the window by cutting off the 7 mobile phone owned by the victim, the 100,000 won of the 1st to the 1st to the 1st floor of the window;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 284 and 283 (1) (a point of special intimidation) of the Criminal Act concerning the facts constituting an offense, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the first crime (findation) [Scope of recommending punishment] and the second crime (findation, repeated crime, special intimidation) in the mitigated area (findation, repeated crime, and special intimidation) [f in April to one year] in the mitigated area (including efforts to recover damage), in the case where considerable damage has been restored, the second crime (findation, etc.) in the mitigated area (f in January to six months), in the mitigated area (including the scope of recommended punishment) in the first (findation, etc.) in the mitigated area (findation, etc.), in the case where significant damage has been restored, the final sentencing scope in April to 1 (f in the case of serious damage restoration) in the mitigated area (including the case of a person subject to special mitigation), in accordance with the majority aggravated punishment: the victim is against April to 3 [decision of sentence] in March; the victim is the defendant's own.

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