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(영문) 대구지방법원 포항지원 2018.02.21 2017고단1537

특수존속협박등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a victim C (V, 72 years of age).

1. On September 5, 2017, the Defendant: (a) around 19:00 on September 5, 2017, the Defendant: (b) taken a kitchen, which is a dangerous thing that was found in the victim’s residence and was located in the main room; and (c) taken a kitchen, which is a dangerous thing (29cm in total length and 18cm in length on the day); and (d) took the victim’s kitchen, “the victim was 200 million won in money; and (e) took the victim’s kn

Accordingly, the defendant carried dangerous objects and threatened a lineal victim.

2. On September 15, 2017, the Defendant: (a) driven a Fran vehicle without obtaining a driver’s license in a section of about 100 km from the south-gu E-ro to the front road of Busan-si at port on September 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Bathrooms and knick photographs used by a person who is threatened with such victim;

1. Application of Acts and subordinate statutes to report internal death;

1. Relevant Article of the Criminal Act, Articles 284, 283(2) of the Criminal Act (the point of intimidation on special existence), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of unauthorized Driving), the selection of imprisonment for a crime;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommended punishment] The reason for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommended punishment] are as follows: (a) the victim who is not eligible for punishment or is in existence [the person who is subject to special mitigation (special mitigation)] / the victim who is vulnerable to the crime [the sentence] / the victim who is vulnerable to the crime [the sentence]] ; and other various sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and (b) the circumstances after

A favorable circumstances: The defendant's wife is disadvantageous to the victim: The crime of this case is a deadly weapon against the mother and the demand for money and valuables is not good and is highly likely to be socially criticized; and the defendant is still under suspension of execution due to the crime of bodily injury.