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(영문) 대구지방법원 서부지원 2020.01.17 2019고단1679
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 April 3, 2019, at around 20:45, the Defendant threatened the victim by taking out the knife knife, which was a deadly weapon in the singke, in his/her dwelling place in Daegu-gu, Seogu, Daegu-gu, and his/her mother, with his/her knife and the knife’s mother, and knife the victim’s knife, which was a deadly weapon in the singke, with his/her left hand, and read as “the victim’s knife”.

2. The injured Defendant continued to engage in a dispute with the victim on the date, time, place, as described in paragraph 1, and brought the victim’s neck with his/her hand and brought the victim’s neck back, thereby getting the victim’s neck back, thereby getting the victim’s booming the victim’s neck on the part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol of interrogation of the accused by the prosecution

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each internal investigation report (Evidence Nos. 3 and 4) and each investigation report (Evidence List Nos. 10, 14, 16);

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of threat to carry dangerous articles), Article 257 (1) of the Criminal Act and 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant used violence against the victim who is her parents, the means and methods of committing the crime, the defendant has a record of being punished once by an act of violence in 2005, the defendant has a record of being punished by an act of violence in 205, and the defendant's continuous statement is not good in the circumstances after committing the crime.

However, the defendant shows his attitude to recognize all of the facts of crime, and there is no record of criminal punishment other than the punishment force above, and the victim does not want the punishment of the defendant.

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