(영문) 대구지방법원 2020.02.04 2019고단6325

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.02.04 2019고단6325

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 11:20 on July 19, 2019, the Defendant sought a victim on the grounds that the relationship between the victim D(the age of 48) and the victim was not good, and the Defendant saw a knife (17cm in length on a day, 12cm in length, knife) which is a dangerous object brought about in the public main room of the above public main room, and called “I would be killed,” and made a threat to the victim as they are in the items of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

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

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the basic area of recommendations [Article 4] that there is no repeated crime, special intimidation (special sponsing persons] (the scope of recommendations and recommendations], and April through January 16 months;

2. Determination of sentence: Determination of sentence of imprisonment with prison labor for not less than eight months, the suspension of execution of not less than two years, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: The defendant's act of threatening the victim in a knife with the same notification source is not against the nature of the crime in light of the circumstances, contents, etc. of the crime.

The damage recovery was not made.

The favorable circumstances: The defendant has no record of criminal punishment exceeding the fine for the last twenty years.

Defendant is led to confession and reflect.

참조조문

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