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(영문) 대구지방법원 2019.09.27 2018고단5896
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On October 28, 2018, the Defendant: (a) around 08:00, the Defendant: (b) went through a sudden dispute while drinking alcohol at “D cafeteria” operated by the Victim C (FY) in Daegu-gu, Daegu-gu; (c) and (d) destroyed the interior of the body, which is the victim’s ownership, by cutting the table table of KRW 50,00,000, the market value of which is the victim’s KRW 50,000.

2. On October 28, 2018, at around 09:30 on October 28, 2018, the Defendant: (a) reported himself to 112 and 50,000 won of the table repair expenses; (b) the victim reported himself to 112; (c) but the victim reported the Defendant to her, and reported her to her, and caused her knife (the total length: 30cm, the knife length: 13cm) which is a dangerous object on the table her hand, carried out her knife, acting as the victim, and carried out her knife.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Each report on internal investigation:

1. Application of photographs of the tools of crime and photographs of the scene of crime;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act (the point of destruction and damage of property), the choice of imprisonment for a crime;

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

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage [No. 1] Damage of Property, etc. (Special Punishment): Damage of Property: Where actual damage is minor (the scope of recommending area and recommending punishment) mitigation area, imprisonment with labor for one month or six months;

(c) multiple crimes;

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