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(영문) 대구지방법원 포항지원 2017.06.22 2017고단422
특수협박등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 29, 2017, around 03:00, the Defendant suffered a dispute over the victim C (n, 36 years of age) and living expenses in the north-gu B and the Defendant’s house located in the Defendant’s house, and the victim spits the victim’s face in his/her face, and corresponding to this, the victim spits the victim’s face twice at the victim’s face with two spits of spits and spits the victim’s face and walk about 10 times with his/her macks, and the victim’s head spits and spits the victim’s head sats continuously and sats the victim’s head sats over the bottom, and turned the victim’s head sats over the bottom.

As a result, the Defendant inflicted injury on the victim, such as the cutting of sacrificings that need to be treated for about three weeks.

2. Special intimidation: (a) the Defendant, at the time, at the time, and at the place specified in paragraph (1) above, took a knife (a total length: approximately 32.5 cm, knife length: about 20 cm) that is a dangerous object in the kitchen after the victim C, and took an attitude that would inflict bodily harm on the victim; and (b) took a part in the victim’s face.

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 against C;

1. Seizure records;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor) regarding the crime, and Articles 284 and 283(1) (the point of special intimidation and the choice of imprisonment with prison labor) of the Criminal Act;

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. Crimes No. 1 for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act / [the scope of recommendations] The mitigated area of crimes No. 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) (4 months to 1 year), / [the person who is specially mitigated] who is not subject to punishment (including efforts to recover damage), or whose considerable damage has been recovered, crimes No. 2 / [the scope of recommended punishment] general injury mitigation area of crimes No. 1 (Article 2-1 year).

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