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(영문) 대구지방법원 포항지원 2018.04.18 2018고단71

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On August 19, 2015, the Defendant was sentenced to a suspended sentence of two years for the crime of extortion in the Daegu District Court’s Port Branch, etc. on August 19, 2015, and on July 13, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of injury, etc. in the same court, and the said judgment became final and conclusive on July 21, 2016, and completed the execution of the final sentence in the Daegu Prison on April 9, 2017.

[2] On January 16, 2018, the Defendant used a food blade (29cm in total length, 17cm in length) that is a dangerous object at which a person was under the influence of alcohol while drinking alcohol with the victim at the “E-cafeteria” operated by the victim D, which is located in the north Port C, around 01:36 on January 16, 2018, and used it as a food knife (29cm in total length, 17cm in length), and the victim’s item “hiff is neglected”;

It shall be caused that he/she will die.

“The term “intition” was expressed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Investigation report (related to knife of a crime) and investigation report (Attachment to a recording file of a victim's 112 report);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the period of repeated offense of the suspect);

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. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Article 35] 4 types of intimidation [Article 4(Habitual, Cumulative Offense, Special Intimidation) [Special Mitigation] [Article 4-1(Special Mitigation]] / The defendant has a record of having been punished for the same kind of crime several times, and the defendant committed the crime of this case during the repeated crime period due to the same crime, under the unfavorable circumstances that the defendant led to the confession and mistake of the facts of the crime, and the victim and the victim agreed with the victim have not been punished for the defendant, it shall be taken into consideration in favor of the other circumstances that are favorable to the defendant's age, sex, environment, motive, means, and means of the crime.