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(영문) 대구지방법원 2019.09.19 2019고단3206

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2019, at around 19:15, the Defendant: (a) placed a dangerous object (23 cm in total length, 12.5 cm in total) in a singing practice room located in Daegu-gu, Daegu-gu, without any justifiable reason, in his hand, and entered the singing practice room in which the victim D (ma, 59 years of age), and carried the victim into the singing practice room; and (b) displayed the victim with the victim for an excessive display.

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The defendant's reasons for sentencing under Article 48 (1) 1 of the Criminal Code for the punishment of confiscation are excessive without any reason, and the crime has been committed by threatening the victim.

However, the fact that the defendant recognizes the crime and reflects the depth of the defendant, sticking over the excessive amount of money to the consignee, return to the defendant without doing any dangerous act, and agreed smoothly with the victim, etc. The punishment as ordered shall be determined by considering the age, character and conduct, environment, circumstances before and after the crime, etc.