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(영문) 대구지방법원 포항지원 2019.06.20 2019고단371
특수협박
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2019, the Defendant: (a) around 18:10 on March 14, 2019, the Defendant used the victim D(63 years of age) residing in the above subparagraph C in front of the front door of the building B of the Nam-gu building C at an port as “g, gall, glarg, and discarded,” without any specific reason, the Defendant saw the top (40cm in total length) as his hand, which is a dangerous object, as a knicker, and

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 Reporting case management table;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for 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 scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. The execution of a sentence shall be suspended under the condition that probation and community service order are added only at once, taking into consideration the following: (a) details and result of the crime of sentence; (b) the victim does not reach an agreement; (c) the criminal records subject to suspended sentence for the same crime are maintained; and (d) the accused reflects wrongness; and (d) the accused has no record of being sentenced to imprisonment

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