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(영문) 대구지방법원서부지원 2020.11.19 2019고단1393

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

On April 22, 2019, at around 09:20, the Defendant brought a knife knife (22cc in total length, 12cc in knife length) in the Defendant’s residence, and threatened the victim D (43 years old) who passed the above road, on the grounds that the noise of the C works on the west-gu C following road located in Daegu-gu B, Daegu-gu, Daegu-gu, and brought about a knife knife and threatened the victim E (44 years old) who was walking on the opposite side.

Accordingly, the defendant carried a knife, which is a deadly weapon, and expressed the attitude that the victims would have any danger and injury to the victims, and threatened the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation of the police statement to D and E (on-site CCTV image verification, etc.);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are the defendant's knife knife and threatened victims. The fact that the crime is not good is unfavorable.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession and mistake, the fact that the defendant seems to have committed a contingent crime under the influence of alcohol, the fact that there is no record of punishment exceeding the fine for the same kind of crime, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, etc., shall be determined by taking into account all the kinds of sentencing conditions specified in the arguments