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(영문) 대전지방법원 2021.02.04 2020고단5029
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around October 22, 2020, the special intimidation Defendant: (a) set up a soup room located in Seo-gu Daejeon, Daejeon, Daejeon; (b) on October 22, 2020, the victim D (52 aged); (c) on the ground that Defendant D (52) was running a business on the ground of the Defendant’s finding the Defendant’s wife as the president of the gas station in the name of the victimized party’s management; and (d) made monetary transactions with the above E, on the ground that he/she made a living with the Defendant, he/she was in the name of the head of the gas station in which the victimized party would operate, the kitchen knife, which is a dangerous thing (21cm in the knife length, No. 1)

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

2. On October 22, 2020, at the soup room around 21:10 on October 22, 2020, the injured Defendant inflicted injury on the Defendant’s children, such as the loss of the brying nature of the bryr play, the brying of the victim’s face and head, and the loss of the bryr play, which requires approximately two weeks of treatment on his hand.

Summary of Evidence

1. The application of the following Acts and subordinate statutes to one copy of the Defendant’s legal statement D, F’s respective records of seizure, and one copy of the photograph of seized articles, 35 copies of on-site photographs and CCTV images, and one injury diagnosis report;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 257(1) (a) of the Criminal Act, and choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury) shall be applied to concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Special Intimidation) (Special Intimidation) No. 1 Crimes (Special Intimidation) / [Type 4] No person who is subject to repeated crime or special intimidation [Special Sentencing] [the territory of recommendation and the scope of punishment], the basic area of the crime, April of imprisonment through January 6.

(b) Type 2 offences (injury).

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