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(영문) 대구지방법원 포항지원 2016.08.17 2016고단803

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

Reasons

Punishment of the crime

On March 26, 2016, the Defendant entered into a port on the ground that the victim B (50 years of age) who was an agent (50) will drive the Defendant at an examination, such as raising the Defendant’s RPM at the seat of the car carriage, and would not see “I am, am, am, am., am.”

“A metal gate contained in the grobbbbbes while putting the grobbbes.”

Therefore, the victim was threatened by wearing the left hand and raising three knife knife in three knife knifes (12 cm to 20 cm in length, 13 cm in length, 13 cm in length) which are dangerous things that were placed on the back side of the driver's seat.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against B;

1. A written statement of C and D;

1. Seizure records;

1. 112 A list of reported cases;

1. Application of internal investigation reports (in relation to the dispatch sites and attachment of deadly weapons photographs), investigation reports (in relation to the contents of voice files), and Acts and subordinate statutes;

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / No person who does not have a special person subject to sentencing / [the sentence] / [the sentence] / the following circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and other various conditions of sentencing, such as the following circumstances.

A favorable circumstances: There is no record of violent crime in the last ten years; there is no record of violent crime committed immediately after the crime was committed; there is no record of intimidation against the victim; there is no record of violent crime committed more than five times, including a record of one suspended sentence, by taking dangerous things against the victim.