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(영문) 대구지방법원 2018.01.30 2017고단5821

특수협박등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment with prison labor for one year as a special injury in the Changwon District Court’s close support on May 4, 2016, and was sentenced to a two-year suspended sentence. On November 17, 2016, the above judgment became final and conclusive, and is currently under suspended sentence.

[2] On July 15, 2017, the Defendant 15:30 on July 15, 2017, at the house of the victim D (66:3) who is a type of Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, the Defendant was under the influence of alcohol and was engaged in a usual appraisal of the victim, which is a dangerous thing for the victim (12 cm on the knife, 23 cm in total length, 1).

“Intimidating the victim”, “intimidating the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of a suspended period);

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is when the defendant committed a special injury and thereby commits a crime of the same kind of crime during the period of probation, and the victim seems to have suffered a considerable mental shock by threatening excessive intimidation, which is a dangerous object, the liability for the crime is not easy.

However, the Defendant committed the instant crime in a contingent manner while receiving a treatment for alcohol addiction in the “Facilities for Return to Mental Diseases and Social Welfare (E)”. The Defendant agreed to the Defendant’s wife, and the victim agreed to the Defendant’s wife, and the person in charge of social rehabilitation facilities for which the Defendant was receiving treatment, expressed the Defendant’s strong protection and direction and supervision of the Defendant, the Defendant’s mistake is seriously against himself, and the Defendant is faithfully in the treatment for alcohol addiction, and re-offending in the future.