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(영문) 대구지방법원 2020.10.21 2020고단4521
특수협박
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The defendant has been suspected that he is the victim B (math, 51 years of age) and the legal father's family relationship, and for about three years ago, the victim is friendly and out of the family.

At around 20:10 on July 19, 2020, the Defendant: (a) stated that the victim did not enter the house in the Defendant’s residence located in Daegu Northern-gu C, Daegu Northern-gu without any contact, that the Defendant “I will come to the victim,” and that “I wish to go to the victim’s body, i.e., a dangerous object (the total length: 25CM and 13CM length: 13CM), which has been stuck in the kitchen, is located in the kitchen, and brought to the part of the victim’s clothes, and continuously brought the victim to the victim’s body.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and B;

1. 112. List of reported cases;

1. Reports on internal investigation and reports on investigation;

1. Application of the Acts and subordinate statutes governing excessive photographs used for crimes;

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 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the basic area of recommendation [the scope of recommendation and recommendation] that there is no repeated crime, special intimidation [the category 4] (the scope of a person specially punished], and the basic area of recommendation [the scope of a recommendation field and recommendation], and April through June.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

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