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(영문) 대구지방법원 2021.03.24 2020고단5967

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 becomes final and conclusive.

Reasons

Punishment of the crime

From September 21, 2020 to September 22:35, 2020 to 23:10, the Defendant cited a knife knife (the total length of 36cm, 23.5cm) which is a dangerous object on the ground that the sound that the Defendant paid in the means of damage caused by the damage to the Defendant is sliffy against the Defendant who lives in the back house, from the front corridor of the 12th floor victim D ( South, 28 years old) of the Daegu Water-gu apartment building C, Daegu Water-gu B, 202.

The victim threatened the victim, such as provoking ris and the scoping of the scopies.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on seizure records;

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 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes [type 4] There is no repeated crime or special intimidation (special sentencing person] (the territory of recommendation and the scope of punishment], the basic area of the recommendation, April of imprisonment, and January and June of the same year.

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years; the crime of this case committed by the defendant for a period of two years is likely to threaten the defendant to find a knife on the ground that the victim living beside the defendant has slickly sound; and the liability for the crime is minor.

The sentence as ordered shall be determined by comprehensively taking into account the favorable circumstances, such as the fact that there is no record of violence, the fact that there is a record of assault, the fact that the father of the victim does not want the punishment of the defendant, the fact that the father of the victim does not want the punishment of the defendant, the favorable circumstances, such as the victim's age, occupation, sex, sex, environment, motive, means and consequence of the crime, and other various conditions of punishment as shown in the records and arguments of the case, such as the circumstances after the crime,