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(영문) 대구지방법원 2019.03.21 2019고단663
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the 50 years of age) are marital relationships.

On January 31, 2019, at around 20:05, the Defendant suspected that the victim was going out of the place of residence of the Defendant in Busan Metropolitan City, the Defendant 20:05, followed the Defendant’s knife that the victim she was “I will live in her house, she will go to another male and female,” and her knife that the victim she was “I do not have any knife, I do not have any knife,” and even though the victim said that “I do not have any knife, I do it, : 33 cm, 21 cm in length, and knife) and presented it to the knife, and then the victim threatened the victim with the attitude that the victim would inflict any harm to the life or body of the victim.

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. Coloric photo;

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. Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines for the reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act [Type 4] the elements for repeated crimes, special intimidation [Special Convicted Persons] mitigated: In a case where the mitigated area of punishment (including efforts to recover damage) or considerable damage has been restored (the area of recommendation and the scope of recommended punishment] mitigated area, circumstances under the decision of sentence from February 1 to 1, and other conditions of sentencing indicated in the records, including the defendant's age, occupation, character and conduct, family relationship, conditions before and after crimes, etc., the same sentence as the order shall be determined after comprehensively taking into account the following factors of sentencing as stated in the records:

- the nature of the crime, poorness, booming the victim's suffering by mental impulse - The recognition and reflect of the crime, and the victim does not want the punishment of the defendant;

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