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(영문) 대구지방법원 2019.11.22 2019고단5377
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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 is put to the victim B (the age of 24).

At around 01:30 on September 17, 2019, the Defendant, while drinking in the victim’s residence in Daegu Dong-gu C, without any particular reason, she taken the victim’s words “I special, I special, I special, I special, I special, I am special, I am special. I am special, I am special, I am special, I am special, I am special, I am special, I am special. I am special, I am special, I am special, I am special. I am special, I am special, I am special, I am special, I am special, I am special, I am special, I am special, I am special, I am special, and we am

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant Article of the Criminal Act, Articles 284, 283 (1) and 48 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody 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. 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. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are very poor in light of the content of crimes and the risk of manual, etc.

There is a record of punishment for the same crime.

The favorable circumstances are confession and reflective.

The victim, who is the son, wanted to have the wife against the defendant.

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