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(영문) 대구지방법원 2017.04.27 2017고단39
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On August 21, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the branch court of the Busan District Court (hereinafter “Sacheon Juvenile Prison”) and was released on February 27, 2015 and passed on May 20, 2015 during the execution of the sentence.

[Criminal facts] The Defendant is a person who is in a de facto marital relationship while living in Daegu from July 2015 with the victim B (n, 30 years of age) and around July 2015.

On November 02, 2016, the Defendant: (a) performed a trial expense on the ground that the damaged party did not show a telephone call; (b) took a look at the main use (22 cm) for the damaged party, which is a dangerous object on the kitchen c building 201; and (c) took an attitude that the Defendant would inflict bodily harm on the injured party by taking the hand hand of the injured party who was in danger on the kitchen chill; and (d) took the hand of the injured party who was in decrising with the Defendant’s hand, knife the part of the injured party; and (e) continued to take the direction of the excessive use, she took an attitude that it would inflict bodily harm on the injured party by taking the hand of the injured party who was in decrising.

Accordingly, the defendant carried excessive excess for the main use of dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Photographs;

1. Seizure records;

1. Previous convictions: Inquiry about criminal history, investigation report (verification of the fact that repeated crime is being committed), status of personal confinement, application of the text of the judgment;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense. Article 283 (Selection of Imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act / [the scope of recommending punishment] The case where: (a) the area of mitigation (4 months to 1 year); (b) the area of mitigation (4 months to 1 year); (c) the area of punishment not to be imposed (including serious efforts to recover damage); or (d) considerable damage has been recovered; (d) the case where the defendant committed a crime of intimidation at the latest.

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