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(영문) 대구지방법원 김천지원 2018.09.19 2018고단870

특수협박

Text

A defendant shall be punished by imprisonment for four 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

On August 7, 2018, the Defendant, at the D convenience store located in the Gu-U.S. Si around 12:01 on August 7, 2018, would go to a prison to resolve food, clothing and shelter.

In preparation for knife, which is a dangerous thing with mind, enters the convenience store, and then called "the victim E (Is, 48 years old)", while showing the above knife knife with the police, and threatening the victim's body. If the victim does not respond to his/her request, the victim expressed his/her attitude that would inflict any injury on the victim's body.

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 for E;

1. Police seizure records;

1. Application of CCTV Acts and subordinate statutes;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Types of Decision] In the event that the degree of intimidation is minor (a person subject to special sentencing): the mitigated area [decision in the sphere of recommendation] / [the scope of recommendation] February or one year [a person subject to general sentencing] mitigated elements: / The serious reflect [whether suspended execution is suspended] - When carrying dangerous articles - Where the person committed a crime by carrying dangerous articles - the lack of general relation - the lack of social relation - the general reason for general consideration (affirmative): The serious reflect [the punishment and recommendation type] law applicable in the period between January and July: February 1: [the sentence] prior to the sentence] in the year between February and 1; the defendant did not think that the victim was physically injured; and the defendant did not think that the police did not have any wrong statement; and the defendant did not have any wrong statement to the contrary.