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(영문) 대구지방법원 포항지원 2017.01.18 2016고단1205
특수협박
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

피고인은 2016. 7. 31. 20:00 경 포항시 남구 C에 있는 ‘D’ 식당에서 술을 마시다가 옆자리 손님인 피해자 E과 그 일행이 기분 나쁘게 쳐다본다는 이유로 큰소리를 치며 “ 술 먹으러 왔으면 그냥 먹고 가지, 뭘 그렇게 기분 나쁘게 쳐 다 보 노! 주위를 둘러보니 등신밖에 없다, 옳은 새끼 하나도 없네

The term “victim” refers to the victim and the victim are the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are determined as the same as the order.

Unfavorable circumstances: The fact that there are two-time violence criminal records (including the previous records of one-time suspension of execution), the fact that there is a minor end in the restaurant, and that there is no good situation, such as preparing and waiting for a knife with the attitude that seems to pose a serious danger to the end of the city in the restaurant: the fact that there is a smooth agreement with the victim, and that there is against one's own mistake.

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