beta
(영문) 대구지방법원 서부지원 2019.06.27 2018고단2711

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

Reasons

Punishment of the crime

The defendant is between the victim B (the age of 20) and the victim with no one.

1. On September 10, 2018, the Defendant: (a) discovered the victim’s vehicle in front of the Seo-gu Daegu Seo-gu Seoul Parking Lot and demanded that the victim drinks the vehicle; and (b) said, the victim called “I would like to see how I would know what I would not see, and how I would like to see, what I would like to see,” and then I would like to see I would like to see I would like to see how I would like to do so.

As above, the Defendant assaulted the victim by having the victim’s left face one time in a container, which is a dangerous object in sight.

2. A special intimidation: (a) the Defendant, at the time and place specified in the preceding paragraph, by using bricks (30 cm, 10 cm in length, 10 cm in length), which are dangerous things that were in the vicinity, as described in the preceding paragraph; (b) and (c) called “day-time or time-compule”, thereby threatening the victim as if he had committed an act toward the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the brick photographs, damaged part photographs, CCTV photographs around the site, and moving pictures taken by the victim;

1. Relevant provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of special violence), Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation is that the crime of this case is not good, and that the defendant has a record of being punished once a fine for the same kind of crime, etc. is disadvantageous.

However, the defendant confessions the crime of this case and repents the mistake, there is no particular criminal punishment other than the record of the fine, and the defendant's age, character and behavior, environment, family relationship, and crime.