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(영문) 대구지방법원 2016.11.17 2016고단4162
특수협박
Text

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 became final and conclusive.

Reasons

Punishment of the crime

On August 21, 2016, the Defendant, while driving a D AB test on August 21, 2016, at 01:48, committed a conflict with the victim E-driving taxi going on the priority line while he was trying to enter the D AB test into the Dongcheon-gu, Daegu Northern District, Dongcheon-ro, Dongcheon-ro, Dongcheon-ro.

Accordingly, while the Defendant was driving with the victim, the victim was able to report to the police, and the victim was getting out of the said Aburged car, and the victim was surged by driving the said Aburg vehicle before the Haburg apartment in Daegu North-gu, and knife the above Aburg vehicle before the Haburg in Daegu-gu, and used the Defendant's deadly weapon in the driver's car, and knife the day of the above burg in the victim's item where the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (limited to the attachment of images of a victim's vehicle boom box, video image and photograph of a caps);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (6 to 1.6 months), basic area (6 months and 1.6 months) of the crime under types 4 (Habitual, Habitual, and Special Intimidation) of the suspended sentence [decision of sentence] [decision of sentence] a case where a defendant uses a weapon, which is a deadly weapon, and intimidation a victim, and thereby, the nature of the crime is poor in light of the applicable criminal law, and the non

However, the defendant has no record of being punished by a fine or heavier, and the defendant's attitude to reflect the mistake while recognizing the crime of this case.

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