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(영문) 대구지방법원 2017.10.19 2017고단4286
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special intimidation: (a) on July 22, 2017, the Defendant returned home under the influence of alcohol in the Daegu Dong-gu apartment building B, Daegu-gu, Daegu-gu, Dong-gu, 2017, and without any justifiable reason, to the victim C (V, 56 years of age) who was her wife, “I have been playing in any feculc.

As a matter of food, the victim’s face is hyped one time with the victim’s face, and the victim’s hyp is hyped, and the victim’s hyp (28 cm in total length, 18 cm in length) was hyped to the victim’s body or life, and acted as if the victim’s body or life would be harmed.

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

2. In the above date, at the above place, the Defendant: (a) obtained 17 mobile phones from the victim’s jumal jumal jum of the market value equivalent to 400,000 won; and (b) confirmed the list of currencies; and (c) whether the Defendant is a last

“Along with the inquiry, the above mobile phone was laid on the floor by the Gap himself and was broken the screen of the above mobile phone.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes, such as mobile phone photographs;

1. Articles 284, 283 (1) (a point of special intimidation) and 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines - Category 1 (Assault) / [Scope of the recommended punishment] - No person in the basic area (from June to one year and six months) of Category 4 (Habitual Offense, Cumulative Offense, Special Intimidation) [No person subject to special sentencing] - The scope of the final sentence due to the aggravation of multiple offenses for which there are no basic areas (from April to October 10) of Category 2 (the scope of the recommended punishment] of the basic area (from April to October ] of Category 1 (property damage, etc.] of the basic area (from April to October): The scope of the final sentence due to the aggravation of multiple offenses: 6 months to November 1.

2. Determination of sentence:

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