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(영문) 대구지방법원 2019.01.10 2018고단4086
특수협박
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On August 21, 2018, the Defendant, at around 21:00, threatened the victim D (the 45-year-old age) who had tobacco delivery in the Glindong-gun B apartment C, and was aware of the victim D (the 45-year-old age) who has committed a dangerous object in his/her hand, citing the kitchen, which is a dangerous object, in his/her hand, and by carrying a dangerous object, and threatened the victim by carrying it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to 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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the act of intimidation the victim on the part of the victim, who is a dangerous object, and the act of intimidation is very dangerous.

However, the fact that the defendant recognized the crime of this case and agreed in depth with the victim, the fact that there was no record of punishment heavier than the fine for 20 years, and the defendant's age, character and conduct, environment, circumstances before and after the crime of this case shall be determined by taking into consideration the following factors:

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