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(영문) 대구지방법원 2016.06.16 2016고단1814
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

At around 11:05 on April 28, 2016, the Defendant: (a) at the 11st head office of “D” located in Daegu Northern-gu, Daegu Northern-gu C; (b) at the 11st head office of “D” due to telephone conversations noise; and (c) at the 16th office of the said 16th head office, the Defendant discarded the Defendant’s death of the victim E who is living in the 1

After having taken a bath as “,” the victim was forced to resist from one’s own room, the victim saw the knife, which is a dangerous object on the table of the table (17cm length: 17cm), and expressed an attitude towards the victim’s clothes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (investigation into attachment of seized objects to photographs, and attachment of a statement of 112 reported cases);

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the punishment of this case is to be imposed in consideration of the fact that the defendant was sentenced to a suspended sentence for one year and six months in the Busan District Court on June 3, 2015 and was sentenced to a suspended sentence for a violation of the Punishment of Violences, etc. Act (a violation of group, deadly weapon, etc.) in the area of mitigation (4 months to 1 year and one year), the area of mitigation (4 months to 4 months to 1 year), and the area of mitigation (special intimidation) / [the person who is subject to special mitigation] / [the sentence] / [the sentence of this case shall be imposed in consideration of the fact that the defendant

However, considering favorable circumstances, such as the defendant's depth reflects on the defendant, the fact that the defendant agreed smoothly with the victim at the investigation stage, and the fact that the defendant has no criminal record other than the above criminal records, the sentencing conditions specified in the trial process of this case, including the defendant's age, sex, environment, circumstances of the crime, means and result, etc., shall be determined as ordered by considering the sentencing conditions specified in the trial process of this case.

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