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(영문) 춘천지방법원원주지원 2020.09.18 2019고단1242
특수협박등
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

1. Around 06:50 on October 12, 2019, the Defendant threatened the Defendant with the Defendant’s operation “C” in Gangwon-si, Gangwon-si, with a view to: (a) on the ground that the Defendant had a telephone conversation with another male, the Victim D (FI) and 31 years old; and (b) on the ground that the Victim had a telephone conversation with another male.

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

2. The Defendant causing special property damage, at the time and place described in Paragraph 1, was diving after committing the crime as described in Paragraph 1, and the Defendant called “the report” by phone call as described in Paragraph 1, thereby reaching the apartment unit E in Gangwon-si where he resides in the female.

The Defendant, while he was unable to know the exact number of houses of the above D, was able to carry a knife knife, which is an object dangerous to drinking, with a knife (knife length 27 cm) and damaged the repair cost by walking the knife onto a knife and walking the knife, thereby damaging the Defendant’s knife amounting to KRW 1,463,00.

Summary of Evidence

1. The defendant's legal statement made in D's court;

1. Application of the seizure protocol, the list of seizure, the photograph of criminal implements, and the Act and subordinate statutes on site photo of the police record of G to the investigation report (related to a written estimate);

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles and the choice of imprisonment), 369 (1) and 366 of the Criminal Act concerning criminal facts;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act (unfavorable circumstances) is large and bad in light of the attitude of the act.

It has been punished several times for violent crimes.

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