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(영문) 울산지방법원 2019.10.11 2019고단1681
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On March 29, 2019, at around 16:20, the Defendant took the slock (15 cm in total length, 7 cm in day length) where the victim B (57 years of age) and the Defendant had a dispute about the affairs which he left the sea at the end of the sea, and took the slock (7 cm in total length, 15 cm in length, 7 cm in day length) of the Defendant’s slock into his hand, and told the victim to “sleep and homicide.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs taken out;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. The nature of the offense is inferior in that the Defendant’s decision to sentence a criminal sentence uses a place, which is a dangerous thing, and threatens the victim.

However, the punishment as ordered shall be determined by taking into consideration various sentencing factors, such as the defendant's confession of the crime of this case, the fact that there is no record of punishment imposed in excess of the same crime or fine, the method of early settlement, the occurrence of differences with the victim, the fact that public service has been discontinued due to the crime of this case, the fact that the defendant's age, environment, and circumstances after the crime, etc.

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