(영문) 대구지방법원 2019.06.04 2019고단871

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(영문) 대구지방법원 2019.06.04 2019고단871

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 20) are hedging after the restriction of the school for about one year.

On February 4, 2019, at around 04:10 on February 4, 2019, the Defendant: (a) explosiveed the appraisal he has accumulated in the middle-gu in Daegu-gu with the victim’s dwelling; (b) pushed the victim’s shoulder with both hands, and then pushed the victim’s shoulder, which is a dangerous object in the toilet, and 18 cm (the total length: 18 cm, the length of the day: 10 cm) with the victim’s neck and her neck, and threatened the victim with the victim’s neck, and (b) with the victim’s neck away from the window, thrown away from the window, thrown the victim with a dangerous object in the kitchen (the total length: 22 cm, the blade length: 10 cm) and threatened the victim with the victim’s life or body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

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. Order to attend lectures under Article 62-2 of the Criminal Act;

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] violent crimes [Type 4] repeated crimes, special intimidation [Special Convicts] - mitigated elements: Where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered, [the scope of the recommended and recommended punishment] mitigated range, two months to one year [the general person] mitigated elements: No criminal punishment history exists;

3. Determination of sentence: Imprisonment with prison labor for a period of six months, one year of suspension of execution - intimidation and intimidation of victims, etc.

- The victim shall not be punished for the defendant.

The above circumstances are as follows.

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