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(영문) 대구지방법원 포항지원 2019.07.25 2019고단575

특수협박

Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:10 on April 23, 2019, the Defendant respondeded to the victim D(59 years of age) who was seated in the next table table, when drinking alcoholic beverages in a cafeteria C, and the victim respondeded to the victim “Sae, ma, ma, ma, ma, mad..........................., the Defendant saw that the Defendant she was “Ise, ma, mad....................., she she all she died after an accident.

The victim avoided the Defendant, thereby going out of the restaurant, and the Defendant stated that the Defendant knife knife ( approximately 34 cm in total length, approximately 22 cm in length), which is a dangerous object in the kitchen, was her hand, and the victim “I am anywhere, I am. I am am. I am. I am am. I am. I am am. I am. I am. I am. I am.).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. The sentence shall be suspended only once, taking into account all the factors of sentencing, including the details of the decision-making process of the sentence, the method and the fact that there was the past record of punishment once as a fine for violent crimes. The sentence shall be suspended only once, taking into account the following factors: (a) the accused reflects the wrongness of the defendant; (b) the victim and the victim have agreed smoothly; (c) there was no past record of punishment for violent crimes since 190; and (d)