(영문) 대구지방법원 2016.10.18 2016고단3809

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(영문) 대구지방법원 2016.10.18 2016고단3809

특수협박

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:00 on August 8, 2016, the Defendant was the husband of the victim B (the age of 41), and was under the influence of alcohol at the Defendant’s house located in Daegu Dong-gu, Daegu-gu, and expressed a great desire for the Plaintiff, and the victim was “hing and bullying,” and the Defendant was prevented, and the Defendant was blicked, “I am the same as “I am frith, Nar I am, I am the same, and I am the same,” and the Defendant threatened the victim with the net value ( approximately 30 cm in total length) which is a dangerous object in the new location.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to one copy of a report on the arrest of the case and a photo of the deceased;

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 on probation and community service order;

1. Victims who are vulnerable to the crimes, such as the scope of recommendation [the scope of recommendation] according to the sentencing criteria, the basic area (six months to one year and six months) (special mitigation) of the crimes of intimidation (special mitigation] / Victims who are vulnerable to the crimes;

2. Consideration - favorable circumstances: The name of the crime in this case even though the probation period is under the ruling of the Family Court's protective disposition, and there is a limit to fully consider it due to the violence within home despite the existence of a victim's non-influence. Despite the past record of having been sentenced to punishment due to the violation of the Punishment of Violences, etc. Act, there is still a record of being sentenced to punishment due to a violation of the Punishment of Violences, etc. Act, and even though there was a record of being sentenced several times of fines due to injury, assault, etc., the sentence of sentence is necessary in consideration of the unfavorable circumstances of the crime in this case without the improvement of gender, but the period of postponement is expected to be the simple appeal

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