(영문) 대구지방법원 2020.05.19 2019고단3278

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.05.19 2019고단3278

특수협박

Text

A defendant shall be punished by imprisonment for six months.

A seized spoch-kin (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 11:00 on May 1, 2019, the Defendant, upon request from the victim C(25 years of age, threatened the victim with the victim’s clothes by taking away spora-kin (the total length of 41.5 cm, 29 cm and No. 1) in the redevelopment area located in Daegu Dong-gu B, Daegu, and thereby threatening the victim’s clothes by taking away spora-kin (the length of 41.5 cm, 29 cm, cm No. 1) from the victim C(the victim’s “I will die and die.”

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

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of intimidation [Type 4] and the basic area of recommendation [the scope of recommendation and recommendation], the basic area of which there is no repeated crime, special intimidation [the person specially punished] (the scope of recommendation and recommendation], and April through June;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

D. Unfavorable circumstances: The crime of this case is a case in which the defendant threatened the victim with scark knife, which is a dangerous object, and the risk of the crime is high and the nature of the crime is not good.

There has been no agreement with the victim, and the victim is punished for the defendant.

Defendant has been punished several times for violating the Punishment of Violences, etc. Act.

There is no record of punishment for about 30 years since the defendant was punished for larceny on June 30, 1989.

참조조문

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