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(영문) 대구지방법원서부지원 2020.11.06 2020고단355
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2019, the Defendant: (a) around 13:45 on December 13:45, 2019, when the Defendant was under the influence of discerning things or making decisions due to an on-site illness; (b) around the house in which the victim D(59) was living, the Defendant, without any justifiable reason, posted the victim’s house door door door, and threatened the victim with the transition (10cm in length) that is an object dangerous to the opening of the front door.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report on seizure records (with respect to the statement made by the D);

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2006);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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