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(영문) 대구지방법원 안동지원 2018.11.16 2018고단540
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 13, 2018, the Defendant invadedd the victim’s residence by entering the entrance door to prevent the victim’s residence of the victim C (V, 67 years of age) who was under the 203 dong-si B, Dong-si B, 203 807, from reporting the Defendant to the police as a disturbance of drinking, and invaded the victim’s residence.

2. A special intimidation Defendant: (a) deducted a knife (21.5 cm in length on the blades, 33.5 cm in total length) that was used by the victim for the preparation of meals at the victim’s dwelling at the time of a day specified in paragraph (1) above; (b) cut off the victim’s chests; and (c) cut off the victim’s chests.

“The victim’s life and body was threatened with a dangerous object by taking advantage of his or her desire.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (exploiting sites and photographs of seized articles);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 284 and 283(1) (the point of intimidation with dangerous things) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution [A prosecutor is seeking return of the victim of the seized knife 1 knife knife knife knife knife knife knife knife knife kn

Reasons for sentencing

1. The final scope of sentence according to the sentencing criteria [the scope of the recommended punishment] for the crimes of intimidation (the scope of the recommended punishment] that are four types (4 months to one year) mitigated area (the person who is subject to a special sentencing): The final scope of sentence according to the sentencing criteria for multiple crimes that have no special sentencing): for not less than four months (the crime for which the sentencing criteria are set and the crime of intrusion upon residence for which no sentencing guidelines are set are set are concurrent crimes under the former part of Article 37 of the Criminal Act; therefore, the lower limit of the sentencing range set forth

2. In light of the content and risk of the instant crime by using the knife of the sentence.

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