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(영문) 대구지방법원 2016.04.15 2015고단5698

특수협박등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim D (V, 50 years old) and the husband and wife.

1. A special intimidation: (a) on September 13, 2015, the Defendant: (b) 00:00 on the Defendant’s house located in the Gluri-gun, Gluribuk-gun, sent alcohol at the Defendant’s house, and taken the victim’s bath to the victim, and took the victim’s bath to the living room, and (c) she was in the kitchen (10cm by hand, 10cm by hand, 10cm by day, 10cm by day, 10cm by day) and she was in the kitchen, which is a dangerous thing for the victim again going to the inside, and she was in the kitchen, and put the victim’s trees on the floor, and she was in the transition part, and she was killed of this weather year and width by hand.

The attitude of "to die and die," which seems to be harmful to the body of the victim, was taken.

Accordingly, the defendant carried excessive amount of dangerous objects and threatened the victim.

2. The injured Defendant threatened the victim as stated in paragraph 1 at the date, time, at the place, as stated in paragraph 1, and, at the same time, as stated in paragraph 1, led the victim in front of, and led him in front of, “to throw away the victim’s head,” and suffered injury to the victim’s head and the victim’s side part of the victim’s head due to the victim’s appearance, which requires approximately four weeks of treatment.

Summary of Evidence

1. The defendant's statement at the sixth public trial date in court;

1. Partial statement of the witness D;

1. Statement made by the police in each protocol concerning D;

1. Each description of the report on internal investigation and diagnosis report;

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant legal provisions concerning criminal facts, Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation to carry a deadly weapon), Article 257 (1) of the Criminal Act (the occupation of bodily injury) and choice of imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit [the scope of punishment by law].