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(영문) 대전지방법원 2020.06.11 2020고단250
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2019, the Defendant threatened the victim by taking off Donap (22 cm in total length, 12 cm in length), which is a dangerous object that he had been kept in custody in the taxi in his operation, on the ground that the victim B (the 55-year-old) (the 55-year-old) (the 55-year-old) was broken on the 45-gil-ro, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-ro, 815-ro on the front of the taxi platform, and by threateninging the victim’s Donap (the 22 cm in total length, 12 cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

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

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] (the type 4] violent crimes, repeated crimes, special intimidation (Special Intimidation) (the elements of mitigation): In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered, the area of mitigation of punishment [the scope of the recommended punishment and the recommended punishment], and two months to one year;

2. The criminal defendant who was sentenced to the sentence of sentence takes knife a knife, which is a dangerous thing while making a dispute with the victim, and considers the knife of the victim and threatens him to commit the crime;

However, the defendant recognized the crime of this case and reflected his mistake.

The defendant does not want the punishment of the defendant by mutual consent with the victim.

There is no record of criminal punishment exceeding the same kind or fine for the defendant.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence, and circumstances after the instant crime, the punishment as ordered shall be determined.

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