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(영문) 대구지방법원 서부지원 2020.05.07 2019고단2425
특수협박등
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

1. On August 25, 2019, the Defendant: (a) around 00:35 on August 25, 2019, reported that Dsi owned by the victim C (the age of 48) stops on the street B in front of the Daegu Seo-gu, Daegu-gu, Daegu-gu, and (b) caused damage to the said taxi to take part under the bottom of the senior glass hold of the said taxi to take part of the said taxi, which is a dangerous object without any particular reason (36cm in length); and (c) caused damage to the said taxi in excess of KRW 354,01 in repairing cost.

2. A special intimidation: (a) the Defendant reported the victim C, who is a taxi engineer, from the taxi at the date, time, at the place specified in the foregoing paragraph (1) without any particular reason, and threatened the victim, without any particular reason, with the victim as stated in the foregoing paragraph (1), with the view that the victim C, who is a dangerous object, may display and threaten the victim as if he/she would display the value of the 112 report at the victim’s request; (b) the victim E (the 18 years of age) and his/her her friend with the victim E (the f., who was in a video recording of the situation at the time when he/she was in a cell phone, and thereby, threatened the victims by threatening the victim as if he/she would cause harm to the victim who was driving away from the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, F, and E;

1. Written estimate;

1. Application of Acts and subordinate statutes to damaged motor vehicles and criminal implements photographs;

1. Articles 369(1) and 366 of the Criminal Act applicable to the relevant criminal facts, and Articles 284 and 283(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, without any particular reason, destroyed a taxi and threatened victims. The fact that the crime is not good is unfavorable.

However, it is true that the defendant led to the crime of this case and repents his mistake, and that the victim did not want punishment under the agreement with the victim C, and that it is domestically.

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