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(영문) 대구지방법원 2017.08.10 2017고단3153

특수협박

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 28, 2017, the Defendant: (a) around 17:00, around 17:00, the Defendant: (b) called Da operated by the Victim C in the Maglung-gun B, the Defendant: (c) had the victim under the influence of alcohol; (d) had the victim refused to do so; (c) had the victim avoided the disturbance, such as having the cooling house and the door, and (d) had the knife, knife the knife, which is a dangerous thing in the victim’s possession, taken the knife from the knife’s knife, and called knife knife.”

Accordingly, the defendant carried a knife, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph by cutting down CCTVs at a site that the person under consideration enters D);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1) of the Confiscation Criminal Act [the scope of recommendation] - There is no person who has basic area (from June to June 1), basic area (the special sentencing factor) - (the sentencing factor - the defendant has been sentenced knife a knife, which is an object dangerous to the frequency of operation of the victim) - The offense is not good in light of the risk, and the defendant has been punished as a fine for the same kind of crime even in 2007 - favorable circumstances: The defendant has a record of being punished as a fine for the same crime even in 207 - The defendant is late against the crime committed: The defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc. - The punishment shall be determined as ordered by taking into account the various factors revealed in the arguments of this case, such as the defendant's age, sex, motive and circumstance of the crime, and circumstances after the crime.