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(영문) 대구지방법원 서부지원 2019.10.15 2019고단1277

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 13, 2019, at around 20:05, the Defendant sought to damage the pressure to the victim D (Woo, 78 years of age) who is the wife in the dwelling space of the Defendant located in Daegu-gu B and C, but was refused, the Defendant threatened the victim by putting a knife (30cc in total length, 18cc in knife length) which is a dangerous object in the kitchen, and putting a knife (18cc in knife length) which is a dangerous object in the kitchen, and putting the victim into the knife, and putting the knife as the knife of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Police seizure records;

1. 112 Application of the 112 Reporting List, blades photographic Acts and subordinate statutes;

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 reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), such as favorable circumstances in the column for consideration of the suspended sentence, in light of the following circumstances;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the crime of intimidation [the 4th category], repeated crimes, special intimidation [Special Convicts] - The elements of mitigation [including serious efforts to recover damage], or where considerable damage has been recovered, [the scope of the recommended and recommended sentences] mitigation area, imprisonment with prison labor for two months or one year [the general person] mitigation element - The serious proportion [the grounds for suspension of execution] - Major pride (including serious efforts to recover damage) - The reason for suspension of execution is clear social relation, serious reflections, there is no criminal record of suspension of execution or more, and the defendant old age.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;