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(영문) 대구지방법원 2016.09.27 2016고단3721

특수협박

Text

A defendant shall be punished by imprisonment for six 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 July 19, 2016, the Defendant operated a vehicle from the four streets of the Geongsung Institute to a hydrologic slope, in accordance with the Daegu Suwon-gu LAC punishment on July 12:50, 2016, and was rapidly changing the vehicle into the one lane, and the vehicle was cut off by the victim C who was in a straight line from the one lane at the end of the horse.

Therefore, the defective defendant of this paragraph, who gets light of the victim, has a vehicle on the road, sent and taken a bath with the victim who gets off the vehicle from the vehicle, and threatened the victim with the victim, by taking the stunch knife (38 cm in total length, 23 cm in length) in his vehicle.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is not clear that the defendant cited a knife and threatened the victim, which is a dangerous object on the ground of the trial cost while driving a vehicle. However, there is no record of punishment other than twice fines, and there is no record of recognizing the crime of this case, and it is contrary to the favorable circumstances such as the fact that the defendant has agreed with the victim, and other favorable conditions such as the defendant's age, sex behavior, environment, motive or circumstance of the crime, and circumstances after the crime, etc., the punishment is determined as ordered by the disposition.