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(영문) 대구지방법원 안동지원 2019.10.16 2019고단293
특수협박등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is sle to the victim B (n, 63 years of age) and the victim C (n, 39 years of age).

1. Around February 3, 2019, the Defendant, at a permanent residence of the victim B, threatened the victim with dangerous things, such as kitchen knife (33 cm in total length and 20 cm in length on the day), which are dangerous things previously possessed in the victim B, at a permanent residence of the victim B, by carrying with the victim dangerous things, such as “I would die...................”

2. Violence;

A. At the time and time set forth in the preceding paragraph, the Defendant used the victim C’s head debt, explaining the situation to the police officer who was dispatched to the scene after receiving 112 report without any particular reason at the above site.

B. On February 3, 2019, at around 16:00, the Defendant found the victim B’s residence, which is the place specified in the preceding paragraph, and assaulted the victim B at the time of her click without any particular reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. Records of seizure and the list of seizure;

1. The investigation report (the recording of the report of this case 112);

1. Application of Acts and subordinate statutes for report on internal investigation (field photographs and letters sent by a suspect);

1. Relevant provisions of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260 of the Criminal Act, the choice of imprisonment for a crime;

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

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

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to four months and six months;

B. The second crime (determination of types of violence) is a violent crime (determination of types of violence). The assault crime [Class 1] is a general assault (special person).

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