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(영문) 대구지방법원 서부지원 2016.03.03 2013고단465

특수협박

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2012, 16:30 around 16:30 on November 4, 2012, the Defendant cited a knife knife (a knife length: approximately 17 cm, total length: approximately 27 cm) which is a dangerous thing in the kitchen, on the ground that the victim C (the 51-year age), who is a woman living together, (the 51-year age), is friendly by the male's telephone, and “I am knife, knife, knife,”

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b) below the person's death in TV; or

The victim threatened the victim by referring to “the life end” when he/she dies.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to photograph photographs of criminal tools;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) had a record of having been sentenced to a grace period of 2010 to 8 months for the same crime committed against the same victim, if the defendant committed the instant crime at the same time during the period of probation, and if he was found to have committed the instant crime during the period of probation, and did not appear in the court after the prosecution was instituted, the criminal liability of the defendant is very heavy.

However, the crime of this case was committed by intimidation, which did not cause physical damage to the victim, the victim after the crime was committed, who used the defendant and continued to live together with the defendant, and expressed to an investigative agency his/her intent not to punish the defendant, and other factors of sentencing, including the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime, etc., shall be determined as per the disposition.