beta
(영문) 대구지방법원 김천지원 2018.07.25 2018고단481

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) on April 21, 2018, the Defendant driven BMW car around 17:30, and operated money crossing in the 78-lane in the city of Gu and Si/Gu at the right angle from the length to the rooftop on April 21, 2018.

C The problem with the victim D(29)(S) who is a driver of the driver of the car of the car of the car of the Republic of Korea was caused by the dissatisfying, making a stop at one-lane and the dispute.

During that process, the Defendant, who was able to listen to the desire from the injured party, was in the possession of the said BMW car (50 cm in total length, 28 cm in length) and extracted the knife from the knife at the knife, and threatened the injured party with a dangerous object, as in the knife of the victim.

2. The Defendant violated the Act on the Safety Control of Firearms, Swords, Explosives, Etc. used a sword that is a sword for any purpose other than permitted purposes, at the time and place prescribed in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photograph booms and photographic images of booms;

1. Relevant legal provisions concerning criminal facts;

(a) Special intimidation: Articles 284 and 283(1) of the Criminal Act;

(b) Swords using: Articles 73 subparagraph 1 and 17 (2) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;

1. Selection of penalty: Imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment of concurrent crimes as provided for in the heavier special intimidation (within the scope of the sum of the long-term punishments of the above two crimes)];

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

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. As to the crime of special intimidation for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the following sentencing criteria for the crime of special intimidation has not been established, the scope of punishment and elements of sentencing, and sentencing standards have not been established, and the victim at the time did not make a proper change in the vehicle was the cause of the occurrence of the case. The defendant's seal is on the defendant's vehicle.