logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.11.03 2016고단1075
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is between the victim B (n, 47 years of age) and the married couple.

1. A special intimidation: (a) around July 18, 2016, around 23:10, the Defendant: (b) under the influence of alcohol from the dwelling space of the Defendant and the victim in south-gu C at a port; (c) and (d) took a knife (a total length of approximately 32.5cm, approximately 21cm, knife length) that is dangerous things in the kitchen, without any reason, and threatened the victim by the victim.

2. The injured Defendant, on the same date and time as stated in paragraph 1 at a place as stated in paragraph 1, was threatened with an injury to a safaf in which the number of days of treatment cannot be determined by considering the victim’s left side side side several times by taking the victim’s words “Bara” from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Police seizure records;

1. Photographs photographs of the tools of crime, and photographs of the body of the victim's injury;

1. Application of statutes, such as certified copies of resident registration cards;

1. Relevant provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of punishment for a crime, and Article 257 (1) of the Criminal Act (the occupation of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances, other than each of the above circumstances, reflects the defendant's age, character and behavior, environment, and conditions before and after crimes, etc., in addition to the following: (a) the victim is not subject to punishment; (b) the victim is not subject to punishment; (c) the degree of injury is not heavy; (d) there is no criminal record and there is no history of punishment exceeding fines for violent crimes; (e) there is no record of punishment exceeding fines; and (e) there is reflects mistake by recognizing the crime.

arrow