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(영문) 대구지방법원 2017.12.07 2017고단5264
특수협박등
Text

A defendant shall be punished by imprisonment for 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 September 11, 2017, the Defendant carried a knick (35 cm in length, 13 cm in length on the day) which is a deadly weapon that might be used in a crime in the street in the front of Simsan-si, Gyeongsan-si, without good cause, around September 22:40, 2017.

2. A special intimidation: (a) the Defendant gets off the E-taxon driven by the victim D (44 tax) at the time, time, place, and place specified in the foregoing paragraph 2-A, and went on the left side of the said taxi to take a view of each other on the ground that the victim was not aware of his/her destination; and (b) he/she took a bath for each other; (c) on the part of the victim’s face, the Defendant expressed his/her finger, which is a dangerous thing carried in the foregoing as above, several times toward the victim’s face; and (d) threatened the victim of the son.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes governing criminal implements photographs;

1. Relevant Article of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 7 (Carrying a deadly weapon that is likely to be commonly used for a crime without justifiable grounds), Articles 284 and 283 (1) of the Criminal Act, and selection of imprisonment with prison labor;

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. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include a case in which the defendant had had a record of being punished for the same kind of crime, but it is highly dangerous in light of the law of crime as a matter of intimidation of the victim who is a taxi engineer, and the fact that the defendant did not receive the victim's letter is disadvantageous.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and reflects the mistake, support for the disabled's children with a delay in the third degree of disability, contingent crimes, and all other factors of sentencing, including the defendant's age, sexual conduct, environment, motive and circumstance after the crime, etc., the punishment shall be determined as ordered by the order.

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