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(영문) 대구지방법원 2020.05.13 2019고단6105
특수협박
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

On October 20, 2019, at around 10:50, the Defendant, in front of the Daegu Dong-gu C Hospital, became a traffic problem with the victim D (ma, 41 years of age) and the vehicle, threatened the victim as the victim's knife, which is a dangerous object under the Defendant's Otobane, and threatened the victim with the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (for reasons for failure to seize criminal implements);

1. Application of Acts and subordinate statutes for report on internal affairs (Attachment of Blue Images);

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Probation Criminal Act is committed by taking into account the following circumstances: (a) considering the fact that the Defendant, while having been in dispute, has knifeed and threatened the victim with a knife, which is a dangerous object; (b) the liability for such crime is grave; and (c) the Defendant has not taken any specific measures to recover from damage up to now, the Defendant is led to the confession of the crime; and (d) considering the fact that the Defendant has no criminal history for the same kind of crime, the Defendant has a favorable ground for sentencing; and (e) taking into account other circumstances, such as the Defendant’s age, sporadity disorder

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