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(영문) 대구지방법원 2019.10.24 2019고단3471
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is accommodated in the victim B (the age of 48).

On June 6, 2019, around 11:54, the Defendant: (a) heard the victim’s speech that he was finding the key of “D”, which was a son, at the close of the Defendant’s residence located in Yongcheon-si, Yongcheon-do, the Defendant: (b) expressed the victim’s desire to read “B,” “I am the D key,” and “I am the son, am the same son, son, son, son, son.” (the total length: 27 cm, blade: 17 cm) which was dangerous in the kitchen; (c) followed the victim’s chest and the victim’s chest, and threatened the victim with “I am the dead and dead,” and “I am the son.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photograph photographs of crime scene and crime tools;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant uses a knife, which is dangerous thing for sentencing, and the criminal liability is not easy in light of the fact that the mental shock suffered by the victim is considerable.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, relationship with the victim, circumstance before and after the crime, etc., are considered as a reflection of depth in recognizing the crime, and there has been no record of punishment other than the fine of two million won so far, and the punishment shall be determined as ordered by taking into account the following factors.

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