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(영문) 대구지방법원 2017.06.13 2016고단3913
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal records] On June 28, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with labor for a special injury at the Daegu District Court for six months, and the judgment became final and conclusive on July 6, 2016.

[2] On January 4, 2016, the Defendant: (a) around 11:55, at the E-cafeteria operated by the victim D (Woo, 49 years of age) who was in the Gldong-gun, Gldong-gun, and (b) on the ground that the said victim did not repay the money from the Defendant’s wife; (c) the Defendant took a bath, while doing so, 2 knife the kitchen, which is a dangerous object from the Defendant’s wife, in advance, and 35 cm in the kitchen (the total length, 24 cm in length) which was prepared for a dangerous object; and (d) the victim F (37 cm in length) who was in contact with the said victim, took a knife of the Defendant’s appearance on the ground that the victim F (37 cm in this knife) taken the Defendant’s appearance.

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Each legal statement of witness D, F, G, and H;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Reports on internal investigation (Attachment of photographs), investigation reports (Attachment of photographs);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to such previous convictions);

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following extenuating circumstances):

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

1. The sentencing criteria are not applicable as the crime of special injury for which judgment becomes final and conclusive and the crime of single concurrent crimes after Article 37 of the Criminal Code.

2. The Defendant, who was sentenced to sentence, committed the crime of this case against the victim D of the above special injury incident at another time, is not very good to the nature of the crime, and is not agreed with the victim D.

However, there is no conflict between victims, and the victim F does not want to punish the defendant, and the decision is made.

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