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(영문) 대구지방법원 2016.07.15 2016고단1096
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 November 8, 2015, the Defendant found “C” convenience points located in Sinsan-si B while under the influence of alcohol on November 21, 2015, and asked the victim D (son, 27 years of age) who is an employee of the said place to provide credit, but was rejected, and the victim’s kitchen (17cm in length and 27cm in length), which is a dangerous object prepared in advance, sent the victim the kitchen knife (17cm in blade, 27cm in length) to the victim, who is the convenience store outside of the convenience store, and threatened the victim E (the victim, 25 years of age), who is an employee of the convenience store, to put the victim at the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Application of investigation reports (as to the knife in possession of the person under investigation), kniff photographs, investigation reports (or counter party to the victim E), investigation reports (as to the suspect's crime type accompanied by the closure of the cctv screen), ctv photographic Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of each recommendation] / [the scope of punishment / [the scope of each recommendation] - the basic area (six months to one year and six months) of the four types of intimidation (Habitual, repeated, special intimidation) / [the special person subject to sentencing] / [the final scope of punishment due to the aggravation of multiple crimes / six months to two years] / two years and three months [the final scope of punishment due to the aggravation of multiple crimes / [the decision of sentence]] the risk of crimes, etc., the nature of the crime is not easy

However, considering the fact that the defendant's mistake is divided, the first offender, and the fact that the defendant suffers from mental illness, the court shall consider the defendant's age, sex, environment, motive, means and consequence of the crime, and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be considered as favorable to the defendant, and the sentence like the order shall be imposed.

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