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(영문) 대구지방법원 김천지원 2020.06.11 2020고단268
특수협박
Text

A defendant shall be punished by imprisonment for four 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

On February 4, 2020, at around 01:50, the Defendant: (a) 01:50, the Defendant took alcohol in the C cafeteria located in Kimcheon-si B; (b) took a bath to the restaurant operator without any reason; and (c) avoided the disturbance; and (d) the victim D, a customer, said, “Gindo”, said knife knife, a dangerous object inside the Defendant’s wall, knife knife knife knife knife knife knife, a dangerous object in the Defendant’s wall; and (d) said, “

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on internal investigation (limited to the discovery of kackers' blades used when the person suspected of internal investigation is threatened), investigation report (the closure of the C CCTV and the establishment of white CDs);

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. Scope of punishment by law: One to seven years of imprisonment;

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

3. The defendant who has been sentenced to several times of punishment due to violent crimes, etc., and was punished by a fine for special intimidation in 2019: Provided, That the victim is the defendant's preference against the defendant, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all the conditions of sentencing specified in the arguments of this case, including the circumstances after the crime, shall be determined by taking into account the following factors.

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