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(영문) 대구지방법원 포항지원 2019.10.23 2019고단1055

특수협박

Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant, while operating the Vice Commissioner in the name of “The Vice Commissioner,” in the North Korean Port B in the North Korean Port, had experienced disputes over victims E (the age of 45) and parking in the name of “D,” the name of “D,” immediately adjacent to that of “D.”.

On August 8, 2019, the Defendant argued that the victim's customer was parked in front of his third Vice Minister in the above "D on August 19, 2019, but the victim did not take any particular measure, and knife a knife ( approximately 30cm in total length, approximately 18.5cm in length in knife) which is a dangerous object at his own home, and the victim was replaced by the victim, and "nife is not the same," and "nife is the same as the other, it will be the same as the other."

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning CCTV photography photographs, knific photographs, and CCTV storage CDs;

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. Reasons for sentencing under Article 48 (1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3. In light of the motive, method, etc. of the instant crime in which the sentence is to be sentenced, the nature of the instant crime is not weak, the Defendant’s past record of punishment or suspension of indictment due to violent crimes is to be punished or suspended. Considering the circumstances that the Defendant agreed with the victim, the Defendant’s mistake is to be considered in favor of the victim, and the circumstances that the Defendant recognized the mistake are to be taken into account. Other arguments of this case, such as the Defendant’s age, character and conduct