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(영문) 대구지방법원상주지원 2020.12.23 2020고단473

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around October 29, 2019, around 16:12, the Defendant: (a) threatened the victim B with a special threat to the victim B by taking in his/her hand one set of excessive one set of dangerous articles, which are dangerous articles he/she was in possession, on the ground that the victim B (n, 41 years of age), who is an employee of the store, did not communicate with himself/herself.

2. At around 16:42 on the same day, the Defendant: (a) expressed the victim E (the 34-year old), a store employee, the victim E (the 34-year old-age-long-long-long-year-long-year-long-long-year-long-long-long-long-year-long-long-year-long-long-year-long-long-long-year-long-long-long-year-long-long-long-year-long-long-long-long-long-long-year-long-long-long-long-long-long-long-long-long-long-long-term-long-term-long-term-long-long-long-term-long

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation into a report processing statement 112 (victim B) and a criminal investigation report (Attachment to a CD);

1. Relevant Articles 284 and 283 (1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 283 of the Criminal Act;

1. Among concurrent offenders, reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, Article 62 (1) of the Criminal Act and Article 62-2 of the Medical Treatment and Custody Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation of Victims E) (Special Intimidation of Intimidation). [Type 4] Cumulative Crime and Special Intimidation (Special Intimidation of Victims): Reduction element: Reduction element of punishment (the area of recommendation and recommendation range), mitigation area of punishment [the scope of recommendation range and recommendation range] mitigation area, two months to one year;

B. Second Crimes (Special Intimidation against Victims B) (Special Intimidation of Punishment). Intimidation [Type 4] Cumulative Offense and Special Intimidation (Special Intimidation). A mitigated element: A person not subject to punishment [the area of recommendation and the scope of recommendations].