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(영문) 대구지방법원 포항지원 2016.09.22 2016고단926
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 04:40 on June 18, 2016, at the Defendant’s house located in the north-gu building B, 107, the Defendant: (a) 6,7 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The contents and methods of the crime, such as harming the victim, which is a dangerous object, and threatening him/her as to a dangerous object, and the risk of her appearance, and the criminal records have been committed twice and a penal sentence has been committed, and the victim has not been agreed upon or has not been repaid by the victim: In favorable circumstances: The victim did not exercise the direct tangible power; the victim did not exercise the victim's punishment; the victim was committed by another type of crime before and after about 12 years, and there was no other history of punishment exceeding a fine; the victim was committed in violation of the victim's age, sexual behavior, environment, and circumstances before and after the crime, other than each of the above circumstances, the following factors are considered.

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