A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. 특수협박 피고인은 2018. 7. 19. 17:10경 대구 달성군 B에 있는 피고인 운영의 ‘주식회사 C’ 사무실에서, 위 회사의 주식을 인수한 피해자 D(30세)와 그 아버지인 피해자 E(58세)으로부터 인수ㆍ인계를 위해 위 회사의 서류들을 달라는 요구를 받자 화가 나서, 위험한 물건인 신나를 피해자들에게 뿌리고 라이터를 손에 쥔 채 피해자들에게 ‘다 같이 죽자’라고 말하고, 그곳에 있던 토치, 버너를 손에 들고 불을 붙이려고 하면서 마치 피해자들에게 위해를 가할 듯한 태도를 보였다.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. At around 17:10 on July 19, 2018, the Defendant detained the victims for a period of up to one hour by looking at the demand of the victims to leave the office because of his or her belief and smell, as described in the preceding paragraph, and by preventing them from going to door, even though they received demand from the victims to go out of the office due to his or her belief and smell.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The police seizure record and the list of seizure;

1. Application of statutes on site photographs;

1. Article 284, Article 283 (1) of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, and Article 276 (1) of the Criminal Act (the point of detention and the choice of imprisonment);

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special Intimidation) Crimes (Special Intimidation) [Determination of Punishment] Crimes: Intimidation [Type 4] There is no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Recommendation Field and Scope of Recommendation). Imprisonment.