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(영문) 대구지방법원 2017.06.27 2017고단1986
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 Records】 On June 29, 2016, the Defendant was sentenced to imprisonment with prison labor for a special assault at the Daegu District Court for eight months or two years of suspended execution, and the same year.

7.7. The ruling becomes final and conclusive and is currently in suspension of execution.

【Criminal facts】 The Defendant is a person who resides in the 103-dong 201, Daegu Northern-gu building C, and the victim D ( South, 33 years old) is a person who resides in the lower floor of the same building.

On April 1, 2017, around 13:05, the Defendant threatened the victim with the knick-gu Seoul Building 103, 103, the first floor of the 1st floor of the B-gu, Daegu (32 cm in total, 20 cm in length) who was in his hand a lethal weapon (32 cm in total, 20 cm in length) and who was in peril.

Summary of Evidence

1. Legal statement of the witness D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Investigation report (where a crime is committed, accompanying screen pictures), photographs, CDs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the period of probation and confirmation of the records of the same crime), and judgment, including criminal history;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the basic area of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] that there is no habitually, repeated crime, special intimidation (type 4] (the area of recommendation and the scope of the recommended punishment], six months to one year and six months;

2. The same year in which the defendant who was sentenced to the sentence was sentenced to imprisonment for eight months or two years of suspended execution in the Daegu District Court on June 29, 2016 for committing a special assault against the same victim;

7. The crime of this case was committed during the period of probation after the judgment became final and conclusive, and the crime committed several times against the same victim prior to the instant case, etc. was committed several times in the vicinity of the residence to be well-established, and thus, the denial of the crime does not seriously reflect the fact that there was a record of being punished as several violent crimes, and the Defendant has already been subject to a fine or a suspended sentence on several occasions.

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