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(영문) 대구지방법원 2020.05.27 2020고단343
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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

On January 15, 2020, the Defendant, at around 09:20 on January 15, 2020, laid down the victim from the parking lot adjacent to the Daegu Dong-gu B Housing, with the victim C(34 years of age) and parking problems, who was in his own possession of a dangerous object in advance, on the ground of his head.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on 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 basic area of recommendation [the scope of recommendation and recommendation] that there is no repeated crime, special intimidation [the category 4] (the scope of a person specially punished], and the basic area of recommendation [the scope of a recommendation field and recommendation], and April through June.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Despite the history of punishment for the same kind of violent crime, the crime of this case has been committed again.

The victim was not able to receive any conviction from the victim.

The favorable circumstances are confession and reflective.

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