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(영문) 대구지방법원 2018.05.11 2018고단1054
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, on February 21, 2018, 22:40 around 22:40, on the ground that the food ordered at C stores located in Daegu Dong-gu B was not fasted, “I am now disregarded, but hamb is called “ high,” and “high,” and the Defendant’s handker (14.5 cm in total length, 14.5 cm in length and 9 cm in length, f.5 cm in length, f.5 cm in length) that is dangerous in the back part of the lower part of the tax base.

The victim D and E, which are the cause of occupation, acted as if they would inflict any harm on the body or life of the victim.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D and E;

1. A protocol of seizure and a list of seizure;

1. Application of CCTV image analysis Acts and subordinate statutes;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. In light of the shape and use of dangerous articles used by the Defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, it appears that the victims were feel dead, and that there was a very much fear of fear of suffering. Even though there was a force for which the execution of imprisonment was suspended due to violent crimes, it is attached under the condition of probation and observation in consideration of the recidivism.

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