beta
(영문) 대구지방법원 2016.12.09 2016고단4965

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 5, 2016, at around 23:17, the Defendant 2016, around 17, 100 Hyundai Made Apartment, which is located in Sinsan-dong, and flabed tobacco, and the Defendant flabed the Defendant, on the ground that the victim C (the age of 25) appears to have been bad, “Fe flab f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. To apply the records of seizure and the list of seizure, each entry in the investigation report (the transition photographs used by the suspect at the time that the suspect threatens the victim) or video-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of sentence under law] 1 to 7 years of imprisonment [the decision of a sentence] domestic violence [the decision of a sentence] / [the scope of recommendation] / six months to one year / six months / [the scope of suspended sentence] / major reasons for writing / Where a person committed a crime by force of a negative organization or multiple groups or by carrying a deadly weapon or other dangerous articles, or where a person committed a crime by carrying a deadly weapon or other dangerous articles: there is no effort to recover adverse damage - The reason for general reference / The detention of a defendant who has no positive criminal record of suspended sentence is excessive difficulty to his/her dependents [the decision of sentence].