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(영문) 대구지방법원 의성지원 2020.01.16 2019고단351

특수협박

Text

A defendant shall be punished by imprisonment for one year.

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

At around 15:40 on September 20, 2019, the Defendant found in the “D” office operated by the victim C (the age of 62) who was seated in W, and acted as if the Defendant had any threat to the body of the victim by gathering over the transition ( approximately 90m in the blade length, approximately 1m in the knife), which is an object dangerous to the victim’s hand, after breaking the victim’s breath’s body with the victim’s left hand, with the victim’s flaps, and then gathering the flag ( approximately 9cm in the knif length, about 9cm, and No. 1 in the flaf).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs and on-site images, such as criminal implements;

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

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 sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, following the reason for sentencing under Article 48(1)1 of the Criminal Act, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case, including the circumstances after the crime.

The favorable circumstances: The defendant acknowledges his mistake and repents, and shows his intention to overcome by receiving hospitalization treatment after undergoing the diagnosis of the early illness, and the victim does not want the punishment of the defendant.

The crime of this case was committed with a deadly weapon in excess of the excessive regulation, and the nature of the crime is not good in light of the Criminal Procedure Act, and the defendant was punished three times as an act of violence (one time of suspended execution of sentence, two times of fine).