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(영문) 대구지방법원 포항지원 2019.05.30 2019고단149

특수협박등

Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

1. A special assault Defendant has a dispute with the victim D(38 years of age) on November 19, 2018 on the ground that the victim D(38 years of age) ended at C points located in North Korea-Gu B at the port of port-si around 00:10 on November 19, 2018.

The patient, who is a dangerous object at the above main point, was suffering from the victim's head once.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant assaulted the victim as stated in the foregoing paragraph 1, and continued to attack the victim, followed by the transition ( approximately 9.5cm in blade length, approximately 20cm in total length), which is a dangerous object that the victim had been at the main point as indicated in the foregoing paragraph 1, and said that the Defendant and the victim were able to brupt and “the dead roots”.

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 provisions of the Criminal Act and Articles 261, 260(1) (a) and 284 and 283(1) (a) of the Criminal Act (a point of special intimidation) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including probation and orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Violence ]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), the area of mitigation of punishment and recommendation [the scope of recommendation and recommendation], February through February and February;

B. Second Crimes (Special Intimidations) (Special Intimidations). Intimidations [Type 4] Cumulative Offense, Special Intimidation (Special Intimidations): In a case where punishment is not imposed (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommendation and recommendation), imprisonment with labor for two months to one year.