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(영문) 대구지방법원 2020.10.21 2020고단4638

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 4, 2018, the Defendant was sentenced to seven months of imprisonment for a crime of insult, etc. by the Daegu District Court. On March 12, 2019, the Daegu District Court sentenced six months of imprisonment for a crime of violating the Framework Act on Fire Services at the Daegu District Court on March 12, 2019 and completed the execution of the sentence on September 11, 2019.

【Criminal Facts】

The Defendant, around 17:00 on August 26, 2020, at around 17:0, the Defendant: “A victim C (n, 68 years of age) in Busan City City B (hereinafter referred to as “D”) rancing a mixed alcoholic beverage in a “D” restaurant, the Defendant: (a) considered the victim who works in the kitchen while drinking the mixed alcoholic beverage in the kitchen; (b) however, the victim refused it, and (c) took two kitchen blades (21cm in length, 33cm in length and 18cm in length, 30cm in length, 30cm in total) which are dangerous objects of the above blade of the kitchen, and (d) took a way to threaten the victim’s body or body, such as marking the victim, thereby threatening the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. 112. List of reported cases;

1. Records of seizure and the list of seizure;

1. Criminal tools and field photographs;

1. Previous convictions: Criminal records, investigation reports (verification of repeated crime records), personal confinement status, application of statutes of the judgment;

1. Grounds for sentencing under Article 35 of the Criminal Act among the factors constituting a crime, Article 284 of the relevant Act and Articles 283 (1) of the Criminal Act that choose a penalty for a repeated crime;

1. Scope of punishment by law: One month to fourteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the scope of punishment] used to commit violent crimes [the type 4] repeated crimes, special intimidation [the special person] mitigated elements: In cases of punishment not (including serious efforts to recover damage) or where considerable damage has been recovered, the aggravated factors: Cumulative repeated crimes (excluding the types of repeated crimes among the types 4), [the area of recommendation and the scope of recommendation] mitigated areas, 2 months through 1 years of imprisonment;

3. Determination of sentence: The following circumstances and the age, character and conduct, environment, and motive and motive of committing the crime: