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(영문) 광주지방법원 목포지원 2019.07.09 2018고단861

특수협박

Text

A defendant shall be punished by imprisonment for four 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

On July 17, 2018, the Defendant: (a) was suspected of having visited the Defendant’s house head of Sinpo Btel C, and was able to take out the money of the Defendant; (b) but, upon the discovery of money that had been lost at the Defendant’s house, the Defendant was aware that the Victim D (the 67 years of age) visited the Defendant’s house to take out the money; (c) was aware that the said money was lost at the Defendant’s house, the Defendant got out of the victim that “I would have taken out the money of the Defendant’s house. I would like to say that I would have taken out the money of the Defendant’s house by drinking and drinking. I would like to say that I would have taken out the money of the Defendant’s house, which was a deadly weapon in the Defendant’s house.” (No. 1 and No. 21cm in the length of the Defendant’s house ** the victim’s house * I would have shown the above knife, she would have come out the age of age.”

Accordingly, the defendant carried a knife, which is a deadly weapon, and threatened the victim.

Summary of Evidence

1. The defendant's oral statement on the seventh trial; and

1. Statement of D police statement;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the crime of intimidation [Type 4], repeated crimes, special intimidation [Special Convicted Persons] - The elements of mitigation: The scope of punishment [including serious efforts to recover damage] [the scope of the recommended area and the scope of the recommended punishment], the scope of mitigation [the scope of the sentence], the range of imprisonment with labor for two months or one year [the general person]]] [the grounds for suspension of execution] - The grounds for major pride: The grounds for suspension of punishment (including serious efforts to recover damage).

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;