beta
(영문) 대구지방법원 안동지원 2017.10.27 2017고단403

특수협박

Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

After the defendant was divorced from the victim B (n, 55 years old) and 2003, he is living together in his residence.

On June 4, 2017, the Defendant is doubtful of the victim’s external appearance at the victim’s house room at the Dong-dong 309 Dong-dong 305, 605, Dong-dong 2017, and there is any doubt about the victim’s external appearance;

Whereever, the victim threatened the victim by threatening 20 cm in excess of 20 cm in length, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation and taking of protection and the order of community service;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violence, intimidation, and type 4 (Habitual, repeated, special intimidation);

(b) Determination of the recommended territory: Basic territory;

(c) Scope of recommendations: Imprisonment with prison labor for up to six months from one year and six months;

2. The crime of this case, which was determined to be sentenced, is not good in light of the degree of mental suffering, etc. of the risk or the suffering of the victim.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no criminal history for the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.