(영문) 대구지방법원 2018.01.17 2017고단5946

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(영문) 대구지방법원 2018.01.17 2017고단5946

특수협박

Text

A defendant shall be punished by imprisonment for six 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 is legally between the victim C (math, 49 years of age) and the married couple, and is living separately from the victim.

On September 28, 2017, at around 14:30 around 14:30, the Defendant: (a) dump bump bump bump (59cm in length, 2.5cm in length) operated by the injured party in Daegu North-gu D; (b) dump bump bump bump “if the hump is not closed, bump bump bump” to the victim; (c) dump the victim’s bump, which is a dangerous thing in the shamp and bum, and hump, and hump “hump bump” to the victim’s bump as the victim’s bump.

The term "I Dora" was called as "I Dora at the party room."

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement with respect to C and F;

1. A criminal report (related to the attachment of a recording file), a CD;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The Defendant’s crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is likely to use dangerous objects, and thus, it is highly dangerous. As such, it is necessary to punish the Defendant significantly.

However, the fact that the defendant agreed with the victim, there is no other criminal punishment except for the punishment of a fine of 300,000 won due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the fact that the defendant suffers from a yellow disorder is considered as favorable circumstances.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, etc., along with the motive and background of the crime in this case, and the relationship with the victim, shall be determined as per the disposition.

참조조문

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