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(영문) 대구지방법원 2019.10.31 2019고단66
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant and the victim B (the age of 47) are married in a de facto marital relationship.

At around 21:40 on September 15, 2018, the Defendant laid the kitchen gate ( approximately 32 cm in total length, approximately 16 cm in knife), which is a dangerous thing in the bank, on the ground that the Defendant was in a place of residence located in Daegu Northern-gu C apartment D, Daegu-gu due to the external problem of the Defendant, and the Defendant was in dispute with the victim, and she threatened the victim by carrying the kitchen gate ( approximately 32 cm in total length, about 16 cm in knife) with the head of the victim, and then, the Defendant took part in the same kitchen knife with the same kitchen knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Photographs (15 pages of investigation records);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. The scope of recommendations according to the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Article 62(1) of the Criminal Act] the scope of intimidation [Article 4] the elements for repeated crimes, special intimidation [Special Convicted Persons] mitigated (including efforts to recover damage): the mitigated scope of punishment (including the scope of recommendations and recommendations) or where considerable damage has been recovered (the scope of recommendation area and recommendations), the defendant's recognition of the crime and reflects the decisions of two to one year sentenced to imprisonment, such as the fact that the defendant's age, occupation, character and conduct, family relations, circumstances before and after the crime, etc., and other conditions of the sentencing as shown in the records shall be determined by comprehensively taking into account the following circumstances:

Public Prosecution Rejection Parts

1. The Defendant and the victim B (the age of 47) are married in a de facto marital relationship.

On September 8, 2018, at around 23:25, the Defendant, at the residence in the Daegu Northern-gu C Apartment D, and at the outside of the Defendant, was in the time of drinking, and the Defendant was in dispute with the victim, and was on the part of the Defendant’s arms.

Accordingly, the defendant is the victim.

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