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(영문) 대전지방법원 공주지원 2021.01.12 2020고단339

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the legal marital relationship between the victim B (n, 50 years of age) and the husband and wife who completed the marriage report on January 24, 1997, and is currently pending a divorce lawsuit.

1. On December 22, 2019, around December 22, 2019, the Defendant assaulted the victim by towing the victim’s head debt several times without any other reason under the influence of alcohol in a “D” restaurant run by the Defendant in Gongju-si, Gongju-si.

2. Around December 2019, the Defendant committed the crime at the end of 16:00 to 17:00, around the end of December 2019, 201, took the knife knife knife (27cm on the blade, 40cm in total length) that is dangerous in the kitchen of the above restaurant, and threatened the victim with the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement (as stated in the judgment, at the fourth trial date in relation to paragraph (2) of the facts constituting the crime) E, F, and B photographs related to the police statement protocol (as stated in the judgment, at the fourth trial date) E, F, and B, and one investigation report on CCTV video CD (as to the victim's counter telephone conversations, the scene of the crime, and the specification

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) First Crimes (Special Intimidation) / [Determination of Type 4] / [Type 4] There is no repeated offender or special intimidation [Special Sentencing] (the territory of recommendation and the scope of recommendation], the basic area of punishment, April 1 to June 1.

(b) No crime No. 2 (Assaults) / [a type 1] ordinary assault [a person who is subject to special sentencing] (a recommendation territory and a person who is subject to special sentencing].